Owners of Apsara Restaurants will not collect on a $6 million insurance policy following the August 2007 fire that destroyed the business at Morecambe House, Maxwell, Christ Church.
The restaurant, which had as its sole directors and shareholders Sharif Mohammed and his wife Marie Kavanagh, sued Guardian General Insurance but the Caribbean Court of Justice dismissed the action on Monday, citing a material non-disclosure of a failed attempt to collect insurance by the two in another case. Apsara had failed to disclose to Guardian that O’Meara, of which the couple was also the sole directors and shareholders, had previously made an unsuccessful claim on an insurance policy.
“The court also considered Apsara’s failure to disclose to Guardian that in Trinidad and Tobago a judgment had been recorded against O’Meara, Mr Mohammed, and Ms Kavanagh, jointly and severally, by the Agricultural Development Bank of Trinidad and Tobago for TTD$1 060 075.19 or about BDS$300 000 and that this judgment was outstanding at the time Apsara made its proposal to Guardian,” the decision read.
The CCJ, which comprised a panel of six justices, however, ruled that there was not enough evidence to support the initial finding by the trial judge that Mohammed set the fire, which was one of the claims by Guardian for resisting payment. (AC)
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