Foote-Doonquah, Michelle v Jamaica Citadel Insurance Brokers Ltd., Nem Insurance Co. Ltd.

IN THE SUPREME COURT OF JUDICATLIRE OF JAMAICA

CLAIM NO 2005 HCV 01078

BETWEEN MICHELLE FOOTE-1)OONQUAH CLAIMANT

AND JAMAICA CITADEL INSURANCE FIRST DEFENDANT

BROKERS LIMITED

AND NEM INSURANCE SECOND DEFENDANT

COMPANY LIMITED

IN CHAMBERS

Mrs. Denise Kitson instructed by Grant Stewart Phillips and Company for the

C claimant

Miss Linda Wright for the first defendant

Mr. David Johnson instructed by Piper and Samuda for the second defendant

July 13, July 27 and August 18, 2006

RULES 1.3, 8.9, 10.5, 15.2 AND 26.31 (1) (C) OF THE CIVIL PROCEDURE RULES,

SUMMARY JUDGMENT, APPLICATIlON TO STRIKE OUT CLAIM, CONTRACT OF

:INSURANCE, EXCLUSION CLAUSE, AUTHORISED DRIVER

SYKES J

1. I have before me an application by NEM Insurance Company Jamaica Ltd ("IVEIY"), the

second defendant, to strike out the claim of Dr. Michelle Foote-Doonquah, a medical

practitioner, the claimant. The application was brought under r1.1le 26.3 (1) (c) of the Civil

Procedure Rules ("CPR"). Jamaica Citadel Insurance Brokers Ltd ("the broker"), the first

defendant, did not make a similar application but it is accepted that if NEM succeeds then

the claim against the broker falls as well,

The context

2. Dr. Michelle Foote-Doonquah, between the years 2001 and 2004, practised in the capital

city of Kingston and Montego Bay, Jamaica's second city. She owned a Honda CRV motor