BIG INSURANCE CLAIM.

Ashburton Guardian, Volume XLVI, Issue 10670, 15 February 1926, Page 5

BIG INSURANCE CLAIM.

SUICIDE CLAUSE IN QUESTION. DEATH OF A FINANCIER. (Per Press Association—Copyright.) LONDON, February 12. The manner in which Mr John Q. Rowett, the friend and financial supporter of the late Sir Ernest Shackleton, met his death was the subject of investigation in the Chancery Division in an action by Rowett, Leakey and Co., a City firm of which deceased was managing director, are suing the Scottish Provident Institution to recover £30,000 in respect of policies Rowett took out. Defendants deny liability. They rely on the clause in the policies exempting them from the payment in the event of an assured committing suicide within eix months of the date the policies were taken out. The clause, however, provides that such suicide shall not affect the interests of bona fide onerous holders. The Rowett policies were taken out on May 6, 1924, and Rowett was found dead with a piece of unknotted cord round his neck on October 1 following. The point of issue was whether the deceased committed suicide by hanging.

Plaintiffs state that Rowett was indebted to his firm to the extent of over £IOO,OOO in April, 1924, which he was quits unable to discharge, and it was with regard to this fact that the company took out the policies. Therefore, they were bona fide onerous holders. Counsel mentioned that the financing of the Shackleton expedition cost Rowett £70,000. He was utterly insolvent at the time of his death.

The Judge decided that Rowett committed suicide. Counsel for plaintiffs proceeded to argue that the latter entitled them to succeed as bona fide onerous holders. He said this was an English contract, and he should object to Scottish lawyers deposing with regard to the meaning of the phrase " onerous holders." Scotch was a foreign language, and an interpreter might be needed. Judgment was reserved.