Anthony Doyle v Sentry (West Indian Insurance Ltd)

• Jurisdiction: St Vincent and the Grenadines
• Judge: Thom J
• Judgment Date: 26 May 2025
• Judgment citation (vLex): [2025] ECSC J0526-4
• Year: 2025
• Court: High Court (Saint Vincent)
• Docket Number: CLAIM NO. SVGHCV2023/0113

Between:

Anthony Doyle

Claimant

and

Sentry (West Indian Insurance Ltd)

Defendant

[2025] ECSC J0526-4

Before:

Her Ladyship the Hon. Justice Gertel Thorn (Ag.)

CLAIM NO. SVGHCV2023/0113

EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

Appearances:

Mr. Jomo Thomas and Mr. Noel Bruce for the Claimant

Ms. Kemiesha Joyles for the Defendant

JUDGEMENT

Introduction

1 Thom J (Ag): This is a claim for compensation pursuant to a comprehensive policy of motor vehicle insurance for loss suffered to a motor vehicle.

2 The Claimant Mr. Anthony Doyle was at all material times the owner of a flatbed truck T1322. The truck was insured with a comprehensive insurance policy from the Defendant Sentry (West Indian Insurance Limited) “Sentry”.

3 On the 8 ^th day of June 2022, while the truck was en route to Diamond, the truck broke down in Kingstown. The truck was parked next to the Agricultural Input warehouse (“the Warehouse”). On the 15 ^th day of June 2022, a fire of unknown origin destroyed the truck. Mr. Doyle made a claim for compensation pursuant to the insurance policy. Sentry having refused to pay compensation to Mr. Doyle, he instituted these proceedings.

The Pleadings

4 Mr. Doyle in his pleaded case alleged that on 1 ^st April 2022, he purchased a comprehensive vehicle insurance policy (the Policy) for his truck from Sentry. On 8 ^th June 2022 while the truck was carrying materials for a customer, the truck developed mechanical problems. As a result, the truck was parked outside of the Warehouse. On 15 ^th June 2022 the truck was destroyed by fire. Mr. Doyle made a claim pursuant to the Policy which required Sentry to compensate him for loss or damage to his truck. He further alleged that he took all reasonable steps and precautions to safeguard his truck from damage by parking it:

• (a) at a safe place;

• (b) taking steps to avoid further damage to the truck; and

• (c) acting promptly to get the truck fixed before attempting to move it.

5 Sentry by a letter dated 22 ^nd day of November 2022 dishonoured the Policy. In so doing, Mr. Doyle alleged that Sentry breached the agreement in the Policy.

1. Mr. Doyle seeks the following reliefs:

• (a) Compensation up to the insured amount for his loss pursuant to the Policy.

• (b) Compensation for loss of use ($200.00 per day) from the date of the claim made to Sentry to the resolution of the claim.

• (c) Interest at the statutory rate.

• (d) Costs.

6 Sentry in its defence contends that Mr. Doyle did not take all reasonable steps to safeguard his truck from further damage and therefore breached Clause 4 of the Policy. Further, Mr. Doyle parked the truck in an area that was relatively dark, there were no street lamps.

The Evidence

7 Mr. Doyle testified and called as witness, Mr. Julian Sandy, Mr. Saintale Haynes, and P.C. Kwane Hamilton. Mr. Terron Davis and Mr. Mervin Homer testified on behalf of Sentry.

Mr. Anthony Doyle

8 Mr. Doyle testified that in March 2022 he purchased a “Man Truck” from England. The truck was manufactured in 2009. It is a flatbed truck that is used for hauling heavy duty materials. He insured the truck with Sentry for the period March 31, 2022-March 30, 2023. The premium was $7,315.00. It was a comprehensive insurance policy.

9 On 8 ^th June 2022, while the truck was being driven by Mr. Saintale Haynes (Mr. Haynes) along Halifax Street on its way to Diamond to deliver steel for Coreas, the compressor of the truck was not working efficiently and therefore the truck could barely move. He contacted his mechanic who examined the truck and was able to effect some temporary repairs to the truck which enabled Mr. Haynes to take the cargo to Coreas at Bay Street instead of at Diamond. He instructed Mr. Haynes to take the truck to Edinboro where he normally parks the truck. However, after Mr. Haynes drove the truck, it broke down about five minutes after and Mr. Haynes parked the truck on a side street in front of the entrance of the Warehouse. Later the same day with the assistance of a relative he removed his tools from the cabin and some plywood from the back of the truck. Immediately thereafter, he made a few telephone calls to get assistance to move the truck to Edinboro. The truck could not be driven immediately since he had to import the part from the United Kingdom (UK). He sought assistance to move the truck. He spoke with Julian Sandy (Mr. Sandy) and he spoke to one “Yankee”. Yankee did not have the necessary equipment to assist him. Mr. Sandy who has two flatbed trucks like his truck agreed to assist him. Mr. Sandy is his close friend who he knew for several years. Mr. Sandy encouraged him to start his trucking business. Mr. Sandy promised to assist him to get the part for the truck in the UK through a friend who normally assists Mr. Sandy with parts for his truck whenever he needs same.

10 On 11 ^th June 2022 he held discussions with Mr. Sandy about moving the truck to Edinboro and where the truck would be parked. An old car was parked in the place identified to park the truck. The car had to be removed to enable the truck to park. They agreed to move the truck the following Sunday the IZ^Juue 2023. On the 12th June, the truck could not be moved because it rained and it was not safe to move the vehicle in those conditions. They then arranged to move the vehicle on the following Sunday 19 ^th June, 2022. The truck remained parked in front of the Warehouse.

11 Mr. Doyle testified further that he checked the truck daily on his way to work. The area where the truck was parked was fairly lit. There was a streetlight in the vicinity. Also, there was a security booth at the entrance of the Warehouse. He also saw a security guard there.

12 On 15 ^th June, 2022 at about 6:00 a.m., while on his way home from work he received a telephone call from Mr. Guy Adams a mini-bus driver, who also lives at Edinboro, that his truck was on fire. He immediately went to the scene. The Police arrived shortly after. He gave a statement to the Police and later that day he reported the matter to Sentry. He does not know how the truck was burnt.

13 Under cross-examination Mr. Doyle testified that he purchased a comprehensive insurance policy from Sentry. The Policy required him to secure the vehicle to prevent loss. He did not have any mechanical problem with the truck before the compressor issue. The truck is normally parked about 40–50 feet from his home at Edinboro.

14 Mr. Doyle agreed that an old car belonging to him was parked by his home. There was not sufficient space to park the truck with the car there. The car had to be removed. He removed the car to have the truck parked.

15 Mr. Doyle further testified that the Warehouse was not a lonely area. It was lit. He visited the truck several times while it was parked there. There was a street light close by. He did not check to see how many streetlights were there. Two businesses are in the area.

16 On the evening of the 8 ^th of June, he went to work about 9–10 p.m. He checked the door, and he peeped into the vehicle on his way to work. A security guard was at the security booth at the Warehouse. The security guard could have seen the truck from the booth. He was aware the security guard was not there to guard his truck.

17 Mr. Doyle further testified that he did not know the Policy covered mechanical problems. He did not agree it was reckless not to call the Sentry after the truck broke down. He was not aware Sentry could have stored the truck.

18 Mr. Doyle agreed that Mr. Sandy was not the only person who could have assisted him, but he emphasised that Mr. Sandy had the appropriate equipment to move the truck. He did not call other persons who could have assisted other than Yankee.

19 Under re-examination, Mr. Doyle testified that he was not aware he could have called Sentry for assistance when the truck broke down. During the time the truck was parked by the Warehouse he was arranging to get it moved to Edinboro.

Mr. Julian Sandy

20 Mr. Sandy testified that he is familiar with Mr. Doyle's truck. It is the same model as two of his trucks. He encouraged Mr. Doyle to become involved in the trucking business. Mr. Doyle called him the same day that the truck broke down. He discussed with Mr. Doyle how the truck could be moved to Edinboro. He visited about one or two days after the accident to see the place where Mr. Doyle wanted to park the truck. An old car occupied part of the space where Mr. Doyle wanted the truck parked. He agreed with Mr. Doyle that he would assist in moving the truck soon after Mr. Doyle moved the old car. The old car was removed on the Saturday 11 ^th June 2022. They intended to move the truck on Sunday 13 ^th June, but it rained. He nor his truck were available to move Mr. Doyle's truck until the following Sunday 19th June 2022. Mr. Doyle's truck was burnt on Wednesday June 15, before it could be moved.

21 Mr. Sandy also testified that he had agreed to assist Mr. Doyle with getting the replacement part for the truck.

Under cross-examination

22 Mr. Sandy agreed that other persons could have assisted Mr. Doyle but Mr. Doyle had confidence in him. He also agreed that the car was to be removed before the truck could be parked and if the car was removed earlier, it would have been possible to remove the truck before it was burnt.

23 Mr. Sandy further testified that the area where the truck was parked by the Warehouse was lit. There was a light by the Security booth and a light by a plant shop that is next door.

P.C. Kwame Hamiliton

24 Constable Hamilton testified that on 5 ^th May 2022 at about 2:45 a.m. himself and other Police Officers from C.I.D. went to Lower Bay Street in relation to a fire. Officers from the Fire Department went to extinguish the fire that was coming from a truck. The area was partially lit from street lamps about 150ft away, and from lights in the yard of the Warehouse. He...