Appeal Court reverses $.2M injury award to beauty queen

Nicole Guichard, a former Miss TT beauty contestant who was awarded $200,000 damages for injuries suffered in a vehicular accident, lost the award Friday when the Appeal Court set aside the judgment. Instead, Guichard will not get a cent because the insurance policy (Third Party Risk) did not cover voluntary passengers, as she was, while travelling in the van at the time of the accident. That section of the Insurance Act has since been amended to cover voluntary passengers. However, by consent there was no order on costs both in the Appeal Court or the court below. The judgment, which was delivered Friday by Chief Justice Satnarine Sharma, said that “there is no statutory right under section 10(1) of the Act accruing to the respondent, accordingly her claim must fail.” The appeal was filed by Capital Insurance Ltd (CIL).

On February 14, 1995, Guichard was involved in a vehicular accident in which she suffered severe personal injuries, loss and damage. At the time, she was a voluntary passenger in a van owned and driven by Brian Crawford, who held a valid insurance policy. Guichard had contended in the High Court that a contract of insurance existed between CIL and Crawford which included voluntary passengers. She argued that on this basis, she was entitled to make a claim under section 10(1) and ought to be granted judgment in relation to such a claim.

When the matter came up for hearing on September 25, 2003, Crawford consented to judgment against himself in the sum of $100, 800. On July 7, 2004, the action continued against CIL, which contended that it was not required to satisfy any judgment obtained by Guichard in a claim under Section 10(1) of the Act. At the trial, the judge found in favour of Guichard and awarded her $200,000 with interest plus costs fit for advocate attorney. The insurance company appealed the High Court decision, which was argued by its attorney Lennox Sanguinette, while Nyree Alfonso appeared for Guichard. Ricky Rahim represented Crawford. The appeal was heard by Sharma and Justices Margot Warner and Ivor Archie.