Elkhalili, Abdulhadi v Insurance Company of The West Indies Ltd, Fraser Fontaine & Kong

IN THE SUPREAIIE COURT OF JlUlTCATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. HCV 0852 OF 2003

BETWEEN ABDULHADI ELKHALILI CLAIMANT

AND INSURANCE COMPANY OF

THE WEST INDIES LTD 1" DEFENDANT

AND FRASER FONTAINE & KONG 2nd DEFENDANT

C,.,

A. Haughton-Cardenas instructed by Haughton & Associates for the Claimant

Lowell Morgan & C. Wignall instructed by Nunes Scholefield Deleon & Company

for the 1 st Defendant

Heard: July 7,24 and September 21,2006 I

Beswick J

Mr. Elkhalili, the claimant, seeks an order for specific performance, inter

alia, against the Insurance Company of'the West Indies (ICWI), the first defendant.

C)

1

Mr. Elkhalili insured his 1999 Evolution VI motorcar with ICWI. It was damaged I

in an accident on April 7, 2003 and ICWI infom~edh im that the car was a "write

off." He could retain the wreckage as salvage and they would pay him the balance

which would be due to hiin in accordan.ce with .the insurance contract.

Mr. Elkhalili sold the wreckage to someone but did not recover the agreed

balance from ICWI. They refused to make the payment, alleging that Mr. Elkhalili