The British American and Clico Insurance Policy Holders Group (BACOL) is poised to champion the rights of nearly 2000 policyholders as they seek to reclaim approximately EC $600 million. This sum represents 75% of the over EC $800 million due to businesses and individuals affected by the 2009 collapse of British American Insurance Co (BAICO) across the OECS.
Lawyers representing BACOL’s Policy Holders will rely on the Revised Treaty of Chaguaramas when they appear in the Caribbean Court of Justice (CCJ), to seek fair compensation for the close to 2000 registered Policy Holders across the OECS. BACOL contends that OECS Policy Holders have been discriminated against, as they were not offered the same settlement as that offered to Policy Holders in Trinidad and Tobago.
Dr. Patrick Antoine
On Monday April 29th and Tuesday April 30th, 2024, a high-powered legal team will present arguments on behalf of Policy Holders in Antigua and Barbuda, Dominica, Grenada, Montserrat, St. Kitts and Nevis, St. Lucia and St. Vincent and the Grenadines. The team is led by Simon Davenport KC from the United Kingdom, and comprises Gregory Pantin (Instructing Attorney) and Miguel Vasquez from the law firm of Hamil Smith in Trinidad and Tobago; Dr Kenny Anthony – Former Prime Minister and current Deputy Speaker of Parliament of St.Lucia; George Kirnon former General Counsel of the CARICOM Secretariat, former Legal Counsel at the Caribbean Development bank and former Attorney General of Montserrat, and Carsten Zatchler a Fellow of the Centre of European Law of King’s College London, A Fellow of the European Law Institute, and a Governing Bencher of the Inner Temple. Joseph Layne from Grenada has supported the team in the area of legal research, co-ordination and strategizing.
President of BACOL Dr. Patrick Antoine, speaking at a Press Conference on Wednesday April 24th 2024 lamented “We’ve lost quite a few members since we started, and even before we started, the human and social cost of this (the collapse of BAICO) debacle has really been significant”. He cited cases where, throughout the region, Policy Holders were unable to meet medical expenses and some parents were forced to withdraw their children from University.
“Many affected pensioners were unable to look after their day to day expenses and were plunged into a state of poverty” he added. Dr Antoine added that “There’s been no single matter…that has been so (adversely) impacting on the growth and development path of the OECS Countries…as this has been, and many families have still not recovered”.
KL Menns
Ms KL Menns, Regional Integration and Trade Regulation Specialist and Legal Consultant to BACOL explained to the gathering of media personnel and Policy Holders that BACOL’s case “concerns a pure question of fairness, discrimination and levelling the playing field for Caribbean Community consumers”. She pointed out that BACOL’s Case before the CCJ is momentous as it signals the fact that the Revised Treaty of Chaguaramas enables private individuals and businesses to effectively petition the CCJ (independent of Governments).
The Caribbean Court of Justice will live stream the proceedings on April 30th 2024 on its YouTube channel from 9:30 A.M.
BACOL was formed in Grenada in 2015 to give British American and CLICO Policy Holders an opportunity to reverse the injustice suffered since the collapse of both entities in 2009.
Further information is available from www.bacol.info.
The hearing at the CCJ commences on Monday April 29th and continues on Tuesday April 30th 2024. Please click the link below to follow the hearing on Tuesday April 30th.
https://www.youtube.com/@caribbeancourtofjustice7984/streams
