COURT OF APPEAL.

Dominion, Volume 5, Issue 1509, 3 August 1912, Page 14

COURT OF APPEAL.

INSURANCE CASE Rfe-ARGUED. A caso, which was argued in tho Court of Appeal early last month, and which concerned the interpretation of Sections G3 and 64 of the Life Insurance Act, 1908, was re-argued yesterday before a fuller Bench. The Court comprised the Chief Justico (Sir Robert Stout),' Mr. Justice Williams, Mr. Justico Denniston, Mr. Justico Edwards, and Mr. Jnstico Cooper. Tho parties to the action wero Brenda Beatrice Reed, wife of Dr. ,T. L. Reed, of Waipawa, plaintiff,. nnd the Equitable Life Assurance Society of the United States, defendants. • '. Mr. C. B. Morison appeared for Mrs. Reed, while Mr. H. D. Bell, K.C., with bim Mr. F. F. Newman, appeared for tho Equitable Life Assurance Society. Originally the case had been removed from the Supreme Court, and came for argument before Mr. Justice William*. Mr. Justice. Denniston, ond Mr. Justice Edwards, in the Court of Appeal. Yesterday morning Mr. Justice. Williams slated that the reason for ordering a rehearing was that there was not an absolute agreement between the Judges, who hoard the case, and, further, (hero wa» a decision of tho High Court of the Commonwealth, which apparently applied, ). sad, if, treated- M fiuOwrifer. ABMrsofr.

ly governed tho case. If tho Court of Appeal differed from such a high authority it seemed desirable that it should tie a more complete Bench than first hoard the cwv.

. I'articulars of the case wero published in a previous issue. It concerned an insnranco policy that Mrs. Heed had taken out with the Equitable Society for the sum of XlOflO, payable at death or at the end of twenty-five, years. Several questions were submitted to tho Court for answer, the main point being whether the surrender value of a policy had necessarily to be applied to the' payment of premiums in arrears, or whether, on the insured ceasing to pay premiums, thero wns to issue automatically a paid-up endowment policy for the appropriate amount stated on tho policy under the heading "paid-up endowment granted automatically unless other payment selected?"

Argument occupiod tho whole of yesterday morning, tho Court reserving decision.