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Judgement reserved

Puisne Judge Vincent Meerabux heard the last of two-days worth of summations from lawyers for former Sonesta Beach Hotel chief David Boyd and Colonial Insurance.

company wrapped up this week.

Puisne Judge Vincent Meerabux heard the last of two-days worth of summations from lawyers for former Sonesta Beach Hotel chief David Boyd and Colonial Insurance.

Mr. Boyd, the onetime president and managing director of the hotel who now lives in North Carolina, left his job nearly two years ago due to chronic pain. He has brought an action against Colonial after the company denied him long term disability compensation.

At issue is whether a June 1996 amendment clause to the hotel's insurance policy does or does not cover pre-existing medical conditions on long term disability.

Earlier this week, Colonial's lawyer Saul Froomkin told Mr. Justice Meerabux that there was a difference between evidence of insurability and pre-existing medical conditions.

"Amendment number seven was drafted at the request of Sonesta,'' he said.

"They wanted to `grandfather' the evidence of insurability for their employees and it does. It waves the evidence of insurability with respect to long term disability for all of those insured on April 1.

"But they never asked for pre-existing conditions.'' After citing numerous authorities Mr. Froomkin urged Mr. Justice Meerabux to dismiss the plaintiff's action.

But Mr. Boyd's lawyer Jai Pachai argued that there was evidence to support their claims that during negotiations Colonial had agreed to lift pre-existing limitations on long term disability coverage.

And he said that the Colonial representative never told Sonesta that there would be limitations on long term disability.

"If you re selling insurance honestly you would say `be aware that you are subject to limitations','' Mr. Pachai said. "It is important that people are aware that there are limitations and what they are, so that everyone knows where they stand.'' During the lengthy case, Mr. Justice Meerabux has heard testimony from Mr.

Boyd regarding the neurological illness that forced his to leave his post at Sonesta.

Sonesta controller Lucinda Callahan told the court how she negotiated the policy with Colonial and that she requested an amendment to the long term disability coverage to lift limitations to the policy.

The court also heard from John Edelman who negotiated the policy on behalf of Colonial insurance.

Mr. Edelman said Mr. Boyd was covered under the policy for any injuries that occurred after the activation date of April 1, 1996 -- no pre-existing conditions.

Mr. Justice Meerabux reserved judgment on the matter until a date yet to be decided.

BURGLAR DISTURBED CRM Burglar disturbed A woman disturbed a burglar rummaging around her kitchen and loading a bag full of food.

The intruder escaped through the back of the house on Scott's Hill Road, Sandys, when he was spotted at 1 p.m. on Tuesday.

Detectives said the victim peered through her kitchen window and saw the brown-skinned burglar, prompting him to run off.

He is described as 5-feet 6-inches, wearing blue jeans and a dark shirt, dark hat and white gloves.