Question
Transnational company has a fleet of small trucks and employs drivers to deliver parcels. It cannot find sufficiently licensed drivers and employs some unlicensed drivers.
Transnational company has a fleet of small trucks and employs drivers to deliver parcels. It cannot find sufficiently licensed drivers and employs some unlicensed drivers. One day while delivering some parcels a truck driven by an unlicensed driver is stopped at a traffic light, the driver forced out of the truck and the truck and contents are stolen and never recovered. The company submits an insurance claim with its comprehensive motor insurer which repudiates the claim because of the licensed driver exclusion in the standard policy. You are consulted by the company risk manager about the repudiation and asked to express an opinion. The risk manager of Transnational company feels the insurer should not be able to repudiate the claim since he is of the opinion that there is no causal connection between the hijacking and the loss. In his view the truck would have been stolen if it were being driven by a licensed driver. Prepare an opinion for the risk manager
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