(CMR) Saxon Motor & General Insurance Company Limited has sued Desmond Roy Hutchinson, the driver and pedestrian Jimmy Alexander Bertrand Benities after an accident on Smith Road on 23 February 2018.
The Writ claims that Hutchinson neglected to tell them that:
“This was not the first time that Hutchinson has passed out or lost consciousness while driving, but the “last time it happened” according to him, he “felt it coming on and pulled off the road … but this time it came sudden (sic)” and he was evidently unable to pull off the road before passing out”.
Hutchinson took out a policy with Saxon on 28 November 2017 where he signed their standard motor vehicle application/policy documents with conditions that applied.
It further discloses that he had been diagnosed with obstructive sleep apnea prior to March 2017 and took medication on an “irregular basis” for the condition. The plaint further asserts that he was not following his physician's recommendations to contain his blood pressure and once again only took those sporadically.
His lack of disclosure of having any physical infirmity or taking medication and listing any material information to the insurance company at the time is now causing them to seek further redress from him as a material non-disclosure which could have impacted their decision to insure him.
They are seeking to have the policy avoided because of Hutchinson's non-disclosure and/or misrepresentations and have advised the victim, Jimmy Alexander Bertrand Benities via his attorneys of this.
The lawsuit further claims that they have been unable to obtain a certificate detailing his driving history from the Royal Cayman Islands Police Service.
CMR covered the original accident the morning that it occurred here.