Carla-Anne James v Sagicor Life Insurance Trinidad & Tobago Ltd (formerly Sagicor Life Insurance Incorporated)

• Jurisdiction: Trinidad & Tobago
• Court: High Court (Trinidad and Tobago)
• Judge: Reid, J.
• Judgment Date: 20 February 2026
• Neutral Citation: TT 2026 HC 79
• Year: 2026
• Docket Number: Suit No.: CV2022-03414

Carla-Anne James

and

Sagicor Life Insurance Trinidad & Tobago Limited (formerly Sagicor Life Insurance Incorporated)

Reid, J.

Suit No.: CV2022-03414

High Court

Claimant: Kweku Wilson.

Defendant: Faares Hosein, instructed by Romney Thomas.

INTRODUCTION

Reid, J.

1 This is a claim for breach of contract arising from the Defendant's decision not to honour but to void two policies of insurance issued to the Claimant. The Claimant alleged that as part of the application process for the said policy, she submitted to a medical examination, which found her to be in good health with no pre-existing health conditions. Some three months after the policy was issued and the Claimant began paying her monthly premiums, she was diagnosed with colorectal cancer and subsequently submitted a critical illness claim and began receiving treatment. The Defendant thereafter decided to void the policies on the basis of a medical report some six years prior in which the Claimant was diagnosed as having tachycardia. The Claimant alleged that she had been unaware of this and that the said diagnosis was unrelated to the matter for which she sought medical attention. Further, the Claimant was later examined by a cardiovascular specialist who determined that she suffered from no cardiovascular issues, including tachycardia.

2 For the Defendant's part, it was claimed that the application forms for the policies specifically required the Claimant to disclose whether she had ever been treated for, tested for, or had any known indication of, inter alia, irregular pulse, palpitation or any disorders of the heart or been given any medical advice in relation to the same and that the Claimant falsely indicated that she had not, even though she had been diagnosed with tachycardia years prior. Further, the said forms also required the Claimant to indicate whether she had ever had any known indication of, inter alia, intestinal bleeding, colitis, haemorrhoids, diarrhoea or other disorder of the stomach and intestines and the Claimant falsely indicated that she had not, even though a radiology report prepared following her cancer diagnosis listed the Claimant as having a three-year history of intermittent rectal bleeding. The Defendant averred that if either of these matters had been disclosed by the Claimant, it would have influenced its decision whether to insure the Claimant, and it was entitled to avoid the said policy on the basis of the Claimant's non-disclosure.

3 By way of reply, the Claimant alleged that she did not tell the radiologist or anyone at the radiology office that she had any history of rectal bleeding, and she put the Defendant to strict proof of that allegation.

THE CLAIMANT'S CASE

4 The Claimant called three witnesses: herself, her sister Abeni James and one Dr. Shashidhar Ramesh.

5 The Claimant's evidence, from her witness statement and under cross-examination, was as follows:

• i. She was the holder of a policy J706048091 issued by the Defendant on 28 July, 2020. In June 2020, she visited the office of her medical doctor, Dr. Ross Millar, who medically examined her as required by the Defendant prior to the issuance of the policy, and Dr. Millar noted that the Claimant was in good health and had no chronic or pre-existing conditions.

• ii. On 27 November, 2020, the Claimant underwent a colonoscopy, and on 7 December, 2020, the Claimant was diagnosed with stage IV colorectal cancer.

• iii. She underwent several tests and procedures, including a CT scan of her pelvis and abdomen and a pelvic MRI.

• iv. On 8 January, 2021, she filed a critical illness claim on her policy with the Defendant.

• v. The Claimant underwent surgery and other medical treatments at the West Shore Private Hospital.

• vi. By letter dated 13 April, 2021, the Defendant wrote to the Claimant advising her of their decision to avoid the policy. The Defendant stated that in processing the Claimant's claim, they obtained additional information, including the Claimant's medical history from Dr. Ross Millar, which disclosed that on 18 November, 2014, the Claimant visited him and was diagnosed with tachycardia and prescribed Atenolol 25mg. The Defendant stated clearly that it was on the basis of this non-disclosure that the Claimant's policy was avoided and her premiums were being refunded. The same position was articulated in its letter of 9 June, 2021, wherein the Defendant reiterated that full and complete disclosure was required on the application so that the Defendant could have been in a position to properly consider whether to issue the policies and to set the appropriate premium.

• vii. In response, the Claimant instructed her Counsel to send pre-action correspondence to the Defendant, indicating that she consulted Dr. Ross Millar, a general practitioner, for pain in her knee, during which certain routine checks, including her blood pressure reading, were done. The nurse indicated that her blood pressure [rate] was abnormally fast, and the Claimant indicated that she had walked hastily to the doctor's office and had overexerted herself. When questioned further by Dr. Millar, the Claimant indicated that she was not normally out of breath and did not normally overexert herself, but Dr. Millar nevertheless performed an ECG, which showed the Claimant's resting heart rate to be 100 bpm. Unknown to her, Dr. Millar recorded the Claimant as having tachycardia. Since Dr. Millar did not inform her of this diagnosis, she was unaware of it when she completed the application form for the insurance policies.

• viii. In cross-examination, the Claimant accepted that she read every question on the application form and answered “no” to each one. When pressed as to whether it was wrong to answer “no” to the question whether she had ever been treated for, tested for or had any known indication of chest pain, abnormal ECG, irregular pulse or other disorder of the heart, the Claimant insisted that “no” was the correct answer because when she saw Dr. Millar in 2014 he said that she was fine and the ECG was normal.

• ix. When pressed further that the question included “tested for”, the Claimant continued to insist that “no” was the correct answer since she did not go to Dr. Millar for a chest issue and she had a normal heart rate. It must be noted though, that according to the “Attending Physician's Statement” dated 23 March, 2021, submitted by Dr. Millar to SAGICOR, it clearly states that when the Claimant attended his office on 18 November, 2014 it was for a complaint of chest discomfort that she had been having for five days, which he diagnosed as tachycardia and prescribed Atenolol. This is contrary to the Claimant's version of events.

• x. Also, in cross-examination the Claimant insisted that her answer “no” to the question whether she had ever been treated for, tested for or had any known indication of “jaundice, intestinal bleeding, ulcer, hernia, appendicitis, colitis, diverticulitis, haemorrhoids, recurrent indigestion, intestinal polyps, GERD, chronic diarrhoea or other disorder of the stomach, intestines, liver or gallbladder” was correct. She then went on to explain for the first time that at some unspecified time in 2018, while she was in Costa Rica, she noticed some spots on the tissue when she wiped, but that she did not pay it any mind because the toilet paper was harsh in Costa Rica, and she did not have the issue again after she returned to Trinidad. She said that she could not remember when the issue returned, but she spoke to her sister, who was a doctor working in oncology, and her sister advised her to do a colonoscopy. The Claimant did the colonoscopy in November 2020, following which she was diagnosed with cancer.

• xi. The Claimant continued to insist the answer “no” to the question was correct because she did not understand the single experience in Costa Rica to come within that question. She also admitted that she did not seek clarification from the agent in respect of either question.

• xii. In cross-examination, the Claimant said that after her diagnosis, a “Confidential Medical Statement” dated 8 January 2021 was done by Dr. Shashidhar Ramesh, who was the oncologist who became her doctor. The Claimant admitted the patient's history recorded on that statement was that she had one episode of bleeding three years prior and that bleeding returned four months prior.

6 Abeni's evidence, from her witness statement and under cross-examination, was as follows:

• i. She is a project manager and a sister of the Claimant. Their other sister, Carol-Ann, is the doctor in Tobago.

• ii. She described the Claimant as being always physically fit and healthy, and the first time she became aware that the Claimant was diagnosed with tachycardia was when she read Dr. Millar's report in April, 2021.

• iii. She said that the Claimant told her in November 2020, when she visited Carol-Anne, that she was scheduled to undergo a colonoscopy.

• iv. She briefly recounted the Claimant's subsequent diagnosis and treatment for cancer and claimed that the procedures were financially costly and that all the expenses for the Claimant's treatments were met by the Claimant with some help from the family. She attached no bills, receipts or other documents to her witness statement.

7 Dr. Shashidhar Ramesh, the Claimant's oncologist, gave evidence for the Claimant. His witness statement was limited to his opinion that Dr. Millar's diagnosis of tachycardia after an isolated incident of the Claimant being out of breath and the result of an ECG administered at the time was premature, and his averment that there was no nexus between colorectal cancer and tachycardia. The remainder of his evidence was elicited during cross-examination and was as follows:

• i. He submitted a Confidential Medical Statement in respect of the Claimant to the Defendant at the Defendant's request.

• ii. After the Claimant's colonoscopy on 27 November, 2020,...