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Insurance – Repudiation of claim. The appellant company issued proceedings, seeking payment under its insurance policy with the respondent company. The judge found that the appellant had not made a fraudulent claim, but the Court of Appeal of Trinidad and Tobago overturned that decision and the appellant appealed. The Privy Council, in allowing the appeal, held that the Court of Appeal had had no proper basis for concluding that the trial judge had gone plainly wrong in his assessment of the evidence. Accordingly, it had erred in substituting its views on the critical question.
Insurance – Repudiation of claim. The appellant company issued proceedings, seeking payment under its insurance policy with the respondent company. The judge found that the appellant had not made a fraudulent claim, but the Court of Appeal of Trinidad and Tobago overturned that decision and the appellant appealed. The Privy Council, in allowing the appeal, held that the Court of Appeal had had no proper basis for concluding that the trial judge had gone plainly wrong in his assessment of the evidence. Accordingly, it had erred in substituting its views on the critical question.
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