Lawyers involved in the Bermuda Fire & Marine Insurance Co. Ltd. yesterday got bogged down in Supreme Court with arguments after defendant BF&M Ltd. decided not to call to the stand someone who the company's liquidator claims is a key witness in the events leading up to the 1991 reorganisation.

Clare Montgomery, lawyer for liquidator Ernst & Young, yesterday protested against a decision by BF&M not to call Cyril Rance, president and chief executive officer of Bermuda Fire until 1989.

Ms Montgomery argued that Mr. Rance was a key witness whose testimony would be important in determining what information the company's finance committee and board of directors knew about operations.

Supreme Court Puisne Judge Vincent Meerabux had earlier turned down her request that BF&M be ordered to bring Mr. Rance to the stand.

The liquidator has now applied to subpoena Mr. Rance and put him on the witness stand as a continuance of their presentation of evidence.

Elizabeth Gloster, lawyer for BF&M, argued that the liquidator had a chance to call Mr. Rance in pre-trial submissions by those involved in the case.

She said since they had not done so they had lost their chance.

Ms Gloster argued that in submitting a list of witnesses and their pre-trial statements, BF&M was under no requirement to actually call those witnesses.

BF&M has also decided not to call former Bermuda Fire director William Frith and Charles Dyer from its list of witnesses.

Arguments over the appearance of Mr. Rance continue today.

BUSINESS BUC