The Insurance Company Of The West Indies v Dalvester Wray

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
IN THE MATTER OF CONDITION
8 OF PRIVATE CAR INSURANCE
POLICY ISSUED BY THE APPLICANT
AND
IN THE MATTER OF AN APPLICATION
FOR A DECLARATION AS TO THE
LEGAL EFFECT OF CONDITION 8
BETWEEN THE INSURANCE COMPANY OF THE WEST INDIES PLAINTIFF
AND DALVESTER WRAY DEFENDANT
Ms. C. Wignall instructed by Mrs. Suzette Campbell for the Applicant;
Ms. Marsha Smith instructed by Ernest A. Smith & Co., for the Respondent
Heard on December 4 and 7,2001 and Januarv 18 2002
ANDERSON: J
This is an application by the Insurance Company of the West Indies ("I.C.W.I.") by way
of an Originating Summons, for a declaration as to the meaning and legal effect of a
clause, "Condition 8 of a Private Car Insurance Policy" issued by I.C.W.I. The Summons
seeks the following relief:
1. A Declaration that Condition 8 of the Private Car Insurance Policy issued by
the Plaintiff is legally binding on and enforceable by or against the insured.
2. A Declaration that upon a true construction of Condition 8, the expiration of
the time limited therein for the referral of disputes arising fiom a disclaimer to
arbitration without any such referral, effectively bans an insured under the
policy fiom bringing any proceedings whatsoever in relation to that claim.
3. An Order that the suit brought by the Respondent against the Applicant in the
Resident Magistrate's Court of Saint Ann by virtue of Plaint No 120 of 2000
be stayed.