COURT OF APPEAL.

Press, Volume LXIV, Issue 13101, 28 April 1908, Page 8

COURT OF APPEAL.

(raais AMOCIVTION TKT.ECRAV.I WELLINGTON, April 27. Tho Appeal Court, consisting of Mr Justice Williams, Mr Justice Denniston, Mr Justice Edwards, and Mr Justice Coopor. to-day began the hearing of the oise- of tho Plifi-nix Assurance Co. v the United Insurance Co. The amount involved is in connection witli reinsurance of tho premises of tho Kaiapoi Woollou Co., Christchurch, and the point in disputo is as to which building of the Kaiapoi Co. the reinsurance applied. Plaintiff company claim that it was intended to cover the attached building, and that the .word "dotache»i' : in the policy was a lMstako on the part of a cleric iv plaintiff company's office, mistaking two building* and putting a plan of the factory on the proposal) for insurance of the warehouse. The defendant company claims that the policy was on the attached building. Mr M. Chapman, K.C., for tho plaintiff company, made an exhaustive analysts of tbe exhibits and the evidence to show that tho intention ot both tho plaintiff and the defendant company in entering into the contrast of reinsurance intended to reinsure tho warehouse and not the factory. The words ''detached • five feet" in tho policy were a latent ambiguity, and parol evidence was admissible to clear up tiie ambiguity.