The Law Offices have 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 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 recognised as an
established title by the publishers.
Cases of Interest
S. Hosein & Co. v Goodwill Life & General Insurance Company Limited
(Landmark decision on the raising of the defence of arson to afire 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 & 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)
(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 under an “all risks” policy and material non-disclosure and misrepresentation; Claim dismissed)
(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)
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