CLAIM FOR INSURANCE

Dominion, Volume 26, Issue 147, 17 March 1933, Page 12

CLAIM FOR INSURANCE

Companies’ Appeal Ended COURT RESERVES DECISION The final stages of the appeal of two insurance companies against the decision of Mr. Justice Reed in giving judgment for Mrs. Elizabeth Ivy Johnson in the Ohau railway crossing accident case took place in the Court of Appeal yesterday morning.' The morning was taken up with replies from Mr. E. S. Parry and Mr. H. F. O’Leary, counsel for the Commercial Union Assurance Co., Ltd., and the Temperance and General Mutual Life Assurance Co., Ltd., respectively, and following this the court intimated that it would reserve its decision. Mrs. Johnson was injured in an accident at the Ohau railway crossing in May, 1930, and on receipts purporting to be signed by Mrs. Johnson, the two companies paid out to her husband. Later Mrs. Johnson alleged the receipts were forgeries, and that her husband had no authority to collect the moneys. She brought actions against the companies in the Supreme Court last year, and Mr. Justice Reed, notwithtsanding that the companies had paid out on the policies, held that Mrs. Johnson was entitled to recover from them. The appellants were the T. and G. Mutual Life Assurance Co., Ltd. (Mr. E. P. Bunny, with him Mr. 11. F. 4 O'Leary), and the Commercial Union ' Assurance Co., Ltd. (Mr. E. S. Parry, with him Mr. R. L. A. Cresswell). The respondents were Mrs. Elizabeth Ivy Johnson (Mr. A. B. Sievwright, with him Mr. W. Heine), and John Ranlolph Johnson, who was not represent'd. The sums in question were £5OO tnd £2OO/10/- respectively. The case was heard by the second livlslon of the Court of Appeal, com'rising the Chief Justice (Sir Michael Myers), Mr. Justice MacGregor, Mr. Justice Ostler, and Mr. Justice .Smith.