ON Monday, the 3rd day of November, 2014, Justice Rishi Persaud, sitting in the Commercial Division of the High Court, granted judgment in favour of the Plaintiff in High Court Action No. 116-CD of 2009: Nariman Kalamadeen v. CLICO Life and General Insurance Co. (S.A.) Ltd.

The action was instituted on the 20th day of February, 2009 by Nariman Kalamadeen, in her capacity as the Administratrix of the Estate of Mohamed Farouk Kalamadeen. At the time of his death, Mohamed Farouk Kalamadeen held a life insurance policy with CLICO Life and General Insurance Co. (S.A.) Ltd, and the company refused, without explanation, to honour a claim made by the Estate of Kalamadeen, despite all the requirements of the company being complied with.

The Plaintiff was represented by Mr. Edward Luckhoo, S.C. and Sase Gunraj, while the Defendant was represented by Mr. Ashton Chase S.C. Several witnesses, including a representative of CLICO (Trinidad) and former CEO, Mrs. Geeta Singh-Knight testified on behalf of the Defendant.
The learned Judge found, inter alia, the following:
* the evidence led by the Defendant fell short of establishing material non-disclosure and fraud, as was alleged;
* there was no proof of materiality;
* the issue of non-disclosure on the part of the deceased was not pleaded by the Defendant;
* the Defendant never rescinded the policy or returned premiums, but instead affirmed same.

As a consequence, judgment was granted to the Plaintiff in the sum of $200,000,000 with costs in the sum of $500,187.50.
Upon an application by the Defendant, the execution of the judgment was stayed for four weeks.