FIRE INSURANCE CASE

Auckland Star, Volume XLVII, Issue 53, 2 March 1916, Page 4

FIRE INSURANCE CASE

COMPANY BESISTS CLAHI. STATUS OP A DWELLING. WAS IT A BOARDDsGHOIHSB. The question whether a.builo«gtwu» boardinghouse - tor .merely formed the main issue in a claim ts-Vt an insurance co _j p _ nv heard 'j_ -j^. Honor .Mr. Justice " Cooper ,i»t the, bupreme Court this.morning. The phis- '■ tiffs were .James JBrown, holder 'of » mortgage-in the .estate of theOste Chtistina Eountree, and John Itountree-and Claude .Howard, executors of the estate. The claim was against the TJceanAw dent ana Guarantee -Corporation in ». spect of a. .fire, which destroyed'*r eleyenrroomed house atElleralje -it : 3h_ last, the defendant corporation hwapj given.a policy, of £ 500 over tbeibniHiHJ in -August, 1910. Mr.-'M. G. McQapr appeared for -the plaintiffs, arM'Jfe.J* Myers, .of Wellington,, for the 'defend<nt : corporation..-. Mr..Myers, who was. called upon'i« open his case first, stated .that Ai«. clients-Tesisted' the : plaintiffs' daiin.imfcr the policy, upon the ground thatone ; of . the conditions-printed upon thepropli*':' form, and also .upon.the policy,.haatb**: irifririged: --When the insurance <***/ effected the building was declared to'iot a dwelling-house, and.in consequence;ti; premirim' paid was only S/S per cent--the lowest in the tariff. The nominil . premium was 13/ per cent., tatlin* case; of situated; it; was usual. to mium by one-third. The condition, !*» had referred to was to the effect'tM' if'the trade .or manufactirre'.;carrrsd/ flll were .'altered, ;of ■if the.-nature of the, occupation or circumstances were changed in :flich\« way. as to. increase the risk -of 'loss ?* damage- ; by .fire,. the ■-■ -insurance jshciate cease - to attach, unless the insured,-"?' fore the occurrence of the loss or <i* w age, obtained the.sanction of- the i*~. feridant corporation, sigiiifiedrby''endor*e ment upon the policy on its'.behalf.: B« proposed- < to—'.prove,, -'stated that at. the time of the fire .the buiWinf was utilised, not as a dwelling in *J" .ordinary senst, .but as a boardinghonsft frequented fby trainers, jockeys, 1 «* racecourse habitues. (Evidence was given by Mrs. -'M*ff' Theresa Hunt, the.occupier of the-hnaj ing atHhe time of the ; fire, to^e^L that sheheld.it under a lease at:a-rent* of 30/ a week. She stated that altho«#; she had a large number,of:heds;'Jn'-!w B ' hpasey.many.of them were occupied-;<W occasionally. At various times .she ' 4* commbdated friends and acauajntan*; for short periods as paying guests, W" in one case -she kept a labouring n* o friend.free of charge for fii'e months because he was out of work. She,did-M* display any-sign, and made no obtain .boarders during the races .or* other > times. Her husband wasia-Wj. cher/ who\ntilised*the' four; acres-'bf.W round the 'house "as a- vegetableyg*^ l arid.also.ran pigs upon a .part .of The case i 3 proceeding. ■