In Brief
A dumper truck owner's insurance claim for theft was repudiated by the insurer on grounds that the driver left the vehicle unattended with keys in the ignition, breaching policy conditions. The Supreme Court held that immediate reporting to police of the theft satisfied the condition requiring immediate notice; a six-day delay in informing the insurer did not breach conditions requiring prompt notice. While the driver's negligence in leaving keys in the vehicle showed some carelessness, this was not a fundamental breach warranting total claim denial. Following precedent, the Court upheld settlement on a non-standard basis at 75% of the insured amount, holding that proportionate deduction applies where a contributory factor exists rather than blanket repudiation.
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