United General Insurance Co. Ltd v Franklyn Green

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2005 HCV 2 193

BETWEEN

AND

UNITED GENERAL INSWRANCE

COMPANY LIMITED CLAIMANT

FRANKLYN GREEN DEFENDANT

Mr. Manley Nicholson instructed by Nicholson Phillips for claimant.

Mr. Andrew Irving for Defendant

Heard: lath December 2006 and 2nd November 2007 ci Campbell J.

(1) On the January 2003, Mr. Franklyn Green completed a motor proposal form with

United General Insurance Co. Ltd (UGI) who carries on the business of providing motor vehicle

insurance coverage. The proposal concerned a Toyota Hiace motor vehicle registered PB1142. It

was represented as a commercial vehicle to be used for public passenger transport and private

use. It was proposed that the vehicle would be driven by the insured Franklyn Green and "any

approved driver". The coverage would be fiom 9:20am, on the date of signing for a period of

twelve months and any subsequent extension or renewal.

(2) The defendant alleges that in February 2005 he attended Spectrum Insurance Brokers

Limited, in Mandeville, with his brother Laurel Green, and advised the broker that his brother

would from time to time drive the said vehicle for his personal use. A motor policy renewal

schedule - public passenger, for a period fiom 25th February 2005 to 24th February 2006 was

agreed between the parties.

(3) The following day, the 26th February 2005, the insured made a claim on UGI, that the

insured motor vehicle was involved in an accident whilst being driven by Laurel Green. The