MOTORIST'S DEATH.

Press, Volume LXIX, Issue 20905, 12 July 1933, Page 6

MOTORIST'S DEATH.

CLAIM AGAINST INSURANCE COMPANIES. (PRESS ASKOCTiTiriM TZLfcORAM.) AUCKLAND, July 11. On February 1 a car driven by Louis Arnoldson, a well-known city merchant, struck a lorry and Arnoldson died shortly afterwards of injuries. An action to recover £2OOO in respect of accident insurance policies was begun before Mr Justice Reed to-day. The plaintiffs are Arnoldson's executors and the defendants are Lloyds and the South British Insurance Companies. Counsel for plaintiffs said that they claimed that Arnoldson died from concussion resulting from the accident. His Honour: I see there is a suggestion of heart disease. Counsel: We still say that death was the result of concussion. Evidence was given that immediately before the accident Arnoldson passed a car on his correct side and then seemed to swerve toward the footpath, passing on the inside of another car and crashing into a stationary lorry. When reached by helpers Arnoldson's left hand was on the brake. Other evidence was given to show that Arnoldson was in good health. The defence Is that death was not caused by any injury received In the accident, but to disease of the heart. Mr A. H. Johnstone, for the plaintiffs, submitted that he had established a prima facie case of accident. Mr J. B. Johnston said the defence would suggest that at the time of the accident Arnoldson was not in control of his car. It was also submitted that Arnoldson had a heart seizure, as evidence would be given to the effect that earlier that morning he had complained of feeling unwell. Lloyd's policy was known as a comprehensive policy, counsel continued, accidental death being only one of the risks covered. It had to be proved that death was solely due to accident. The South British policy was a straightout accident policy. It would be proved that Arnoldson had suffered from a badly diseased heart, and' it was held that that was the sole cause or at least a contributing cause of death. If this were so, the insurance companies were not liable under the policies. Two men who had a business appointment with Arnoldson before the accident gave evidence that he had said he was not feeling well. Dr. Murray said he had made a post-mortem examination of Arnoldson's body. The face wounds were not serious, and' it would not have required a severe blow to cause them. The heart was exceedingly fatty and badly diseased. There was no sign of any fracture of the skull or injury to the brain. Death was due in his opinion to fatty degeneration of the heart, following shock. There was no suggestion of concussion. The hearing was adjourned.