Presidential Insurance Company Ltd (Appellant) v Twitz and another (Respondents) (Trinidad & Tobago)

Judgment given

Case summary
Judgment details
Appeal
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Case summary

Case ID

JCPC/2018/0020

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Presidential Insurance Company Ltd

Respondent(s)

Emily Twitz

Issue

Whether the Second Respondent had an insurable interest in the vehicle and continued to be part owner Whether any sale of the vehicle was a de facto hire purchase which made the Appellant liable as insurer Whether the agreement for sale of the vehicle without the Appellant’s consent terminated the latter’s liability to third parties and Whether the Court of Appeal correctly interpreted ss.4(7) and 10(1) of the Motor Vehicle Insurance (Third Party Risks) Act Ch 48:51

Facts

On 27 February 2011 a vehicle with registration PBO 4059 was involved in an accident. The vehicle was driven by Mr Aston Gaines with Mr Kerwin Tenia as a passenger. As a result of injuries sustained in the accident, Mr Tenia died three months later. The First Respondent is the mother of Mr Tenia. She brought proceedings against the Second Respondent as the owner of the vehicle, and the Appellant as the insurer of the vehicle.A trial of certain preliminary issues was directed. Jones J held that the Second Respondent was the owner of the vehicle and that, at the relevant time, the Appellant was the insurer. In doing so, she rejected the Appellant’s case that the Second Respondent was not the owner of the vehicle, and that the insurance policy was avoided by material non-disclosure. On appeal, the Court of Appel of Trinidad and Tobago upheld the judgment of Jones J.