Agent ‘unsuccessful’ again on FamGuard conspiracy claims

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

A FORMER Family Guardian sales agent has been “largely unsuccessful” in her bid to obtain greater damages from the BISXlisted insurer which was again cleared on “conspiracy” to injure by unlawful means”.

Jennifer Bain had sought to appeal a Supreme Court verdict which found that Family Guardian worked with Alana Major, its senior manager of group sales, “to injure” her financially by trying to prevent several major Bahamian corporate clients going with her after the two sides parted ways in late 2015.

Justice Indra Charles, in her March 8, 2022, ruling awarded Ms Bain $20,000 in damages for this “conspiracy” to injure her via “lawful means” and another $25,000 over a defamatory letter written on her to the Insurance Commission.

The BISX-listed life and health insurer also had to pay $60,000 towards her legal costs, and $10,675 in disbursements, taking these combined costs and damages to more than $110,000.

And Family Guardian was also ordered to pay Ms Bain “damages for breach of contract” equivalent to a year’s notice pay. However, Justice Charles rejected her claim of “conspiracy to injure by unlawful means”.

The Court of Appeal, in a unanimous January 19,

2023, verdict noted that Ms Bain was still “dissatisfied” with the Supreme Court ruling - particularly the rejection of her “unlawful conspiracy” claim and failure to award exemplary damages - and took the matter before the higher court.

Sir Michael Barnett, the Appeal Court’s president, recalled how Family Guardian terminated Ms Bain’s services on September 29,

Government actually expressed their sympathy and had a listening ear. They were certainly very open to the possibility of some sort of compensation to the businesses. It was very positive and they were very open to it.

“They promised a response to us within a week. It’s been four days and I want to give them an opportunity. They have to review our proposal in detail. They have to look at the historical things that were done and then really come to us in writing.” Based on the outcome of the meeting with Michael Halkitis, minister of economic affairs, and other government officials, Mr Fields said he is “very confident” that some relief will