Log In

Reset Password
BERMUDA | RSS PODCAST

Insurance salesman `Did not' hold policy

A successful life insurance salesman did not hold a policy on his own life, Supreme Court heard yesterday.

The disclosure came during the start of widow Mrs. Carole Morris' fight for damages over the loss of her husband Dennis, 49. He died in a tragic accident at his sports club six years ago.

The Court of Appeal ruled this summer both the club and Mr. Morris were to blame for his falling from a wall on the club's upper level while watching his son play cricket.

It found Mr. Morris was 75 percent responsible for the fall, therefore, his wife was entitled to only a 25-percent claim of total damages suffered.

Mrs. Morris, 38, took her case to the Court of Appeal after the Supreme Court cleared National Sports Club of any responsibility for the accident.

She took the stand yesterday to outline her financial situation before her husband's death and the losses suffered by her and the children.

She is also seeking damages on behalf of her son Damon, now 17, who lived with them, and those of Mr. Morris' four children who were dependent on him at the time of his death in June of 1987.

He was making more than $80,000 a year as a life insurance sales agent for Kitson and Company and they had just bought a $400,000-plus house which she has had to sell, she testified while being questioned by her lawyer Mr. David Kessaram. She also did not have to work full-time.

They had been living comfortably and were able to meet all their financial obligations, including their mortgage payments, without any problems, she said.

She now lived in a rented house, had to support her son on her own and worked full-time in an office, she testified.

She did not vacation as often or spend as much on herself.

However, she did buy into Oscar's Night Club by way of a $180,000 loan and lives with the father of a child she had after her husband's death.

Her current boyfriend was her partner in Oscar's and he helped her with bills, she said.

Mrs. Morris told the Court one of Mr. Morris' children was still of school-age and the other suffered Down's Syndrome.

He had fully supported his children and at one time his youngest son, now 17, had lived with them.

Mr. Morris' first wife and the mother of his four children had died a few years after his death, she said.

Mr. Morris had no life insurance policy at the time of his death, she said. He may have been in the process of renewing one though.

She said she sold their Smith's Parish home to help pay off her husband's debts.

She eventually received $25,000 cash from her husband's estate.

And she recouped the money that went towards paying his debts by way of an annual percentage he received on renewals of life insurance polices he sold, she said.

It is up to Puisne Judge the Hon. Mr. Justice Ground to determine how much damages Mrs. Morris should be awarded -- based on her 25-percent entitlement.

In his June decision, Court of Appeal president the Hon. Harvey da Costa ruled: "In allocating the percentage of negligence the heavier share must fall on the deceased. Many persons sat on the wall (on the upper level of National's) over a period of time without falling from it.

"It was clearly some action on his part which caused the loss of balance and the tragic fall.'' The club must accept 25 percent of the responsibility for the accident while Mr. Morris' action would account for the rest, he ruled.

The hearing continues today when National's lawyer Mr. Trevor Moniz is expected to begin his case.

While cross-examining Mrs. Morris, he ascertained Mr. Morris spent significant amounts of money entertaining clients on a frequent basis.

And he learned Mrs. Morris made a profit on the sale of their house, selling it for more than $500,000.