5/7/2008
START DATE
END DATE
5/16/2008
Argus Insurance Company Limited v P Y M Duclos
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda Civil Jurisdiction Commercial Court
Commercial Law Insurance Law
Hon. Geoffrey R. Bell
Jai Pachai Wakefield Quin
Paul Harshaw Lynda Milligan-Whyte & Associates
FACTS OF THE CASE:
Argus Insurance sought to void a motor insurance policy issued to Duclos after a road accident, citing non-disclosure of prior traffic convictions. The Defendant had been convicted of speeding and driving without a valid license, but his wife incorrectly marked "No" on the insurance application. Argus argued that, had they known, they would have denied coverage. The case centered on whether Argus was entitled to rescind the policy or limit its liability to the statutory minimum.
SUMMARY:
Non-disclosure of traffic convictions validity of insurance policy
OUTCOMES:
Court grants Argus declarations to avoid the insurance policy from inception and limits liability under the Act
RULED IN FAVOUR OF:
Plaintiff (Argus Insurance Company Limited)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Argus Insurance Company Limited v P Y M Duclos
Argus Insurance sought to void a motor insurance policy issued to Duclos after a road accident, citing non-disclosure of prior traffic convictions. The Defendant had been convicted of speeding and driving without a valid license, but his wife incorrectly marked "No" on the insurance application. Argus argued that, had they known, they would have denied coverage. The case centered on whether Argus was entitled to rescind the policy or limit its liability to the statutory minimum.