Appearance as an Expert witness in the Ontario Supreme Court in a class action suit.

Mandeville v. Manufacturers Life
To give evidence as to the Laws of Barbados in relation to the sale of the portfolio of Manufacturers Life in Barbados to Life of Barbados.

Our Office has been actively engaged in the interpretation of existing insurance contracts and the development of the legal structure in relation to new products.In the area of litigation the Law Offices have acted both for insureds and insurers and have been involved- in a number of important cases in the local Courts and arbitration.

In the area of litigation the Law Offices have acted both for insureds and insurers and have been involved- in a number of important cases in the local Courts and arbitration. In the literary field the head of the Law Offices has served on Government Advisory committees in relation to Insurance Law in Trinidad and Tobago; acted as the Consultant to the development of Model Insurance legislation for the Commonwealth Caribbean much of which has been enacted in Barbados, Jamaica and Guyana.

He has recently acted as Co-Counsel advising on the new Insurance Act for Jamaica and has authored the well known text entitled “Life Insurance Law in the Commonwealth Caribbean” published by Butterworths in 1984 and now recognized as an established title by the publishers.

S. Hosein & Co. v Goodwill Life and General Insurance Company Limited
(Landmark decision on the raising of the defence of arson to a fire claim)

Lakhan v United Security Life Insurance Company Limited
(Insurer’s right to avoid policy for lapse on non-payment of premiums)

Superchem Products Ltd. v American Life and General Insurance Company Ltd. & Ors.
(Multiple insurance law defences in relation to a claim for the loss of stock and consequential loss under fire policy; one year limitation in insurance contract; claim failed for failure to bring action within one year; waiver of one year period not established on evidence)

Wire Converters v TATIL
(Claim against an insurance company for damages for refusal to pay under a marine insurance policy; the case explored the insured’s burden of proof and the duration of cover un an “all risks” policy and material non-disclosure and misrepresentation; Claim dismissed)

Unicell Paper Mills v Guardian General & Ors.
(Arbitration claim by an insured for indemnification under a Contractors’ All Risks Policy; the case explored the insured and insurer’s burdens of proof under an “all risks” policy with exclusion clauses, concurrent proximate causes and defective design; Award made in favour of Claimant)

Insurance Insolvency

Our Office has been actively involved in many of the insurance insolvencies arising in Trinidad and Tobago. The cases have involved judicial management, liquidation and the restructuring of the insolvent business and subsequent transfer to an existing insurer.

We have drafted and advised on the relevant documentation required in such matters.

Harewood (Supervisor of Insurance) v Crown General Insurance Company Limited
(Judicial management of general insurer and subsequent liquidation)

Herbert Bailey (Supervisor of Insurance) v Caribbean Atlantic Life Insurance Company Limited
(Judicial management of life insurer and transfer of salvaged business to existing life insurer)

Herbert Bailey (Supervisor of Insurance) v United Security Life Insurance Company
(Judicial management of life insurer and transfer of salvaged business to existing life insurer)