Smith-Thomas, Hilllary v Insurance Company of The West Indies

IN THE SUPREME COlJRT OF JUDICATURE OF JAMAICA

IN CIVII, DIVISION

CLAIM NO 2006 HCV 0 1883

B Err W EEN HILLARY SMITH-THOMAS CLAIMANT

AND INSURAIVCE COMPANY OF THE

WEST INDIES DEFENDANT

Ms. Latoya Stephenson for Claimant

Miss Camille Wignall instructed by Nunes Scholefield DeLeon gi Co. for

Defendant

Insurance Law - Motor vehicle insurance policy - Whether Non-Disclosure

or Misrepresentation on Proposal Form - Whether insurer induced by

breach to accept the risk - Whether insurer entitled to repudiate policy -

Whether renewal affected insurer's right to repudiate

Heard: 21", 27th October and 24th November, 2008

BROOKS, J.

On 1 81h August 2005 Mrs. Millary Smith-Dyer, then Mrs. Smith-

'rhoillas, accidentally crashed her Toyota 4 Runner motor car into a utility

pole. The vehicle was extensively damaged. She claimed indemnity for her

loss on her motor insurance policy but her insurer, the Insurance Company

of the West Indies (ICWI), has refused the indemnity. ICWI claims that

Mrs. Smith-Dyer breached the requirement of utmost good faith by failing to

fully and truthfully answer a question on the proposal form for the insurance

policy. This form was completed on July 12 2004. Her breach, ICWI says,

lies in the fact that Mrs. Smith-Dyer concealed from it the fact that two