Harold Robinson v Covenant Insurance Brokers Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. CL 1999lR 122

BETWEEN HAROLD ROBINSON CLAIMANT

AND COVENANT INSURANCE BROKERS LTD DEFENDANT

Ms. Tavia Dunn instructed by Mr. K. Arthurs of Rattray Patterson and Rattray

for Claimant

Mr. Maurice Manning instructed by Ms. Catherine Minto of Nunes Schoefield &

Company for the Defendant

Heard: 14th, 15th, 17th and 24th June, 2004

Straw, J (Ag.1

The claimant, Mr. Harold Robinson is suing the defendant, Covenant Insurance

Brokers Limited for breach of contract in failing to ensure that a valid insurance policy

'was in existence in relation to his motor vehicle. In the alternative, he is alleging that ~

they were negligent, in that, among other things, the defendant failed to take any or any

proper or effective measures to notify the claimant of the cancellation of the policy.

A cover note was effected on the vehicle by Mr. John Bailey, agent for the

claimant, on December 29, 1995 through the agent for the defendant, Ms. Jacqueline

Walker, with General Accident Insurance Company. The note was issued for 30 days to

expire on January 28, 1996. A portion of the premiums totalling $14,000.00 was paid.