COURT OF APPEAL

Evening Post, Volume XCIII, Issue 99, 26 April 1917, Page 8

COURT OF APPEAL

AN INSURANCE POLICY

■ ; This morning the Court of Appeal resumed the hearing of argument in the case of the New Zealand Insurance Co. v. the Tyneside Proprietary Co., a matter arising out of the arranging of a policy in. June, 1912, between Derek Edward Thornton, mining manager of tho Brunner Collieries Co. (as agent for the defendant company), and the plaintiff company, to indemnify the former against liability under the Workers' Compensation Acts, the Coal Mines Act, and at common law. Under this policy a claim had. been made for £231 17s lid as damages for breach of warranty of authority, or, in the alternative, for unpaid premiums. In the -Supreme Court at Christchurch Mr. Justice Sim gave judgment for the defendant company, on the ground that Thornton was not authorised to sign a proposal for insurance on behalf of the company, which carries on coalmining operations at the North Brunner mine, Stillwater. Against this decision tho insurance company appealed. Mr. 0. P. Skerrett, K.C., with him Mr. 0. T. J. Alpers, of Christchurch, appeared for the appellant company, the defendant company being represented by Mr. M. Myers. The Chief Justice (Sir Robert Stout), Mr. Justice Denniston, Mr. Justice Cooper, and Mr. Justice Chapman heard the'appeal, and decision was reserved.