8/11/2017
START DATE
END DATE
10/20/2017
ANTONIO PIMENTEL DA COSTA v. CHRISTOPHER CARTER and BF&M GENERAL INSURANCE COMPANY LIMITED
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
Hellman J
Sara Tucker
Victoria Greening Jeffrey Elkinson
FACTS OF THE CASE:
Collision on 1st January 2016 causing extensive injuries to Da Costa. Carter driving a car previously insured under BF&M hit Da Costa. Carter admitted liability but disputed damage quantum. BF&M denied coverage claiming policy was cancelled upon car's ownership transfer to Carter who was also convicted of impaired driving
SUMMARY:
Ownership of the car at collision time applicability of the exclusion clause due to impaired driving conviction
OUTCOMES:
Mr. Carter covered by insurance for the collision but liability limited to $125000 due to exclusion clause
RULED IN FAVOUR OF:
Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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ANTONIO PIMENTEL DA COSTA v. CHRISTOPHER CARTER and BF&M GENERAL INSURANCE COMPANY LIMITED
Collision on 1st January 2016 causing extensive injuries to Da Costa. Carter driving a car previously insured under BF&M hit Da Costa. Carter admitted liability but disputed damage quantum. BF&M denied coverage claiming policy was cancelled upon car's ownership transfer to Carter who was also convicted of impaired driving