Ramnauth seeking $6.4M from GTM for crashed Nissan Dualis

-company’s $3.3M offer rejected

PLAINTIFF Chandroutie Ramnauth of Good Hope, East Coast Demerara is employed in the banking sector in Guyana and is being represented by Mr. Charles S. Ramson and Mr. Sanjeev Datadin.The plaintiff’s lawyers have given defendant, Guyana and Trinidad Mutual Fire Insurance Company Limited 10 days after the service of the writ to file for an appearance.
According to the statement of claim the defendant is a company incorporated and continued under the Laws of Guyana with its registered office at 27-29 Robb and Hinck Streets, Georgetown. The defendant is a person engaged in the business of insurance and is licensed under the Laws of Guyana to engage therein.
The plaintiff is the owner of a Nissan Dualis motor vehicle with registration number PRR 2040, first registered in Guyana in February, 2013.
The plaintiff purchased for the said vehicle a comprehensive semi-annual insurance policy for an insured sum of $6M from the defendant at a semi-annual premium payable rate of $97,200.
It was a term that the defendant will indemnify the plaintiff against any loss or damage to the motor vehicle caused by, inter-alia, accidental collision to the value of the vehicle less the deductible sum of $300,000.
The said vehicle was involved in an accident on November 30, 2013 and was determined to be a constructive total loss by the defendant.
At the defendant’s request the plaintiff caused the said crashed vehicle to be towed to the city of Georgetown.
The plaintiff made a claim on the defendant and was offered by $3,120,000, representing a full and final settlement payout.
The plaintiff wrote to the defendant on February 25, 2014, notifying that the offer was unacceptable and urged the defendant to review the offer.
Without any propitious response to the letter the plaintiff caused her Attorney-at-Law, Mr. Charles S. Ramson to write the defendant and the defendant consequently revised the offer to $3,320,000.
The plaintiff will contend that the defendant breached the contract of insurance by refusing and/or neglecting to pay to the plaintiff the entire value of the sum insured less the deductible.
The plaintiff will contend that the defendant breached its statutory duty under the laws of Guyana – wherefore the plaintiff claims against the defendant as follows:

(a)Damages in excess of $150,000 for breach of contract of insurance;
(b) Special damages in the sum of $6M being the insured value of the motor vehicle;
c. Special damages in the sum of $120,000, being cost of towage
d. Damages in excess of $150, 000 for breach of statutory duty.

(By George Barclay)

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