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! A POLICY VOIDED. j A judgment arising out of the fatal firo ; and explosion at Upper Kutt on March j2B last was delivered at tile Supremo I Court, Wellington, by His Honor tlv.-> ; Chief Justice on Friday last. Tlwj plain i tiffs in the. action were Herbert Victor j I'enge and Herbert Leopold Pratt, and '•■ the defendants the Guardian Assurance j Co.. Ltd. For the plaintiffs it was stated ! -it _the hearing that on the 23rd April, | 1913, the defendant company issued to ; them a fire insurance, policv for £3.800 on stock-in-trade valued at £1.803 and up- ; wards. The policy was renewed for one. year on (he 29th January, 2324. and in force at the time ot the 6re. Tha ; stock was totally destroyed by tire, with ! the exception of a small quantity which : the defendant company sold for £SO, j handing the sum to IS.nge and Pratt. The { balance of £1,750 had not been paid, anc ! j was claimed by the plaintiffs. It was ad- • mitted by the Guardian .Assurance ComI pany that, the policy was in force at tin j time of the fire, but it was denied thai | the stock-in-trade .was of the- value o: ; £I,BOO. The company further contender ! that the stock was destroyed partly hi i lire and partly by an explosion, and" tha" 1 th-e plaintiffs ha-d not conformed to al ' the conditions of the policy. | The parties agreed to submit certair ! questions of law for the decision of tin ! Court prior to the hearing of the action. j The main point for determination was:

"Does a breach of tho warranty cmbodied in tin? (juration awl answer'' Will any hazardous goods named at tho foot or similar ones be .stored?— No' amount to a breach of the condition of the policy?" Tho "hazardous goods" referred to appeared in this statement at tile foot of the proposal: "The storage: of hemp, flax, or oilier iibres, cotton or cotton wasle, or more than five gallons in' all of mineral or volatile oils, resin, naphtha, turpentine, or the like, or more, than 25 pounds weight in all of gun or blasting poivder, sulphur, nitrate, of soda, and .similar inflammable or explosive materials . . . will vitiate the, insurance. . . ."' Tin; company sub-

mitted that even if the plaintiffs were permitted to store explosives at all, more than 251b of gelignite and quantifies of blasting and gun powder had been kept in. stodk at one time.

In giving judgment against the. plaintiff;, liis ho;i,.r iiel<l that they were prevented from recovering by bleaches of warranties, and if they kept any quantities of explosives at all or any quantity in excess ul 251b. Further, he rjic I:!;/. j: ; ..'i'.j. I.nd 'A.'P'jW.tti'l' n bie.j.'■: ) a warranty wnicn was expressly :i:V ue basis of the policy, liocisiou as to <:os;was reserved.

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Bibliographic details

UPPER HUTT EXPLOSION, Issue 15675, 14 December 1914

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UPPER HUTT EXPLOSION Issue 15675, 14 December 1914

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