INSURANCE CLAIM

Grey River Argus, 23 June 1925, Page 3

INSURANCE CLAIM

ON WRECKED SCHOONER. UNDERWRITERS ’ REFUSAL. GISBORNE, .lune 22. On July 7 hast the schooner War Lm-,1 was stranded at Wnikokopu. The underwriters subsequently refused to roiniliiirse the owners to the extent of £2050. for which tl>c vessel was insured against absolute total loss. This was the basis of an action eonuneueeil at the Supreme Court to-day. Ihe own er of the ship was Lionel George Clare, with whom the National Bank was joined as plaintiff. Defendants were the Canton Insurance Company. Plaint ill's contended that the vessel was a totiii loss, and therefore they were entitled to recover the insurance. The defence alleged, firstly, the vessel was not properly equipped as required under the terms of the police, sec Ily that the vessel was not an absolute total loss. Allegation was also made that ill'' vessel would uni have been a complete loss had propel steps been taken to refloat it. Captain Jidin Lowry described lite < iri'limstalii-es of the stranding. 11-' stated that lie anchored in the centre id the bar, a mile off shore. The star board am-li- r of 10 cwt was put out on || sixtv f.'ltll >ms cb.’iin. Heavy seas were running, and tlx* cable ]>artetl. Tlie second lower anchor had to bi* slipped on the previous trip and was then on the wharf waiting for them. Two hedges were lashed together and wort’ put over. but the schooner grounded on a sandy bottom and was i gra.dually washed up on tin* beach. Had the scwt lower anchor bee.; | aboard it would not have availed. ' Justice Ostler: If you had had tvv i j amdiors. you would have had both out 1 during the gale. Witness: ‘‘Not necessarily. ’’ He i added that he was quite content t" : proceed to sea with the /hip equipped ns sh(. was. The vessel was better equipped than required by the Marin" I )epa rl ment . LATER. ( apta in Lowry (ietaile'l the salvage operations, stating -there was no unnec-(ss.-irv delay in sitting to work. No expense had been spared in securing ('ross examined witness said he was without a second anchor from early in May, till July, during which time he hud made t wo trips to W:iikokopu. He made one trip to Auckland with a bor-' rowed second anchor. In the War Lord case in the Supremo ('oiirt, (’aptain Lowry. Master of the vessel at the lime of the stranding, continuing his evidence, said he anchor'd in Ihe centre of the bay on the night of July -L last during a squally . tlq. vessel beiiig about one mile from sluu'e. The starboard anchor weighed 10 cwt, and sixty fathoms of chain was put out. The ('able had been passed by the Marine Department a month or six weeks previously;. On the evening of July 7 the cable parted, there being one bower anchor on the vessel at the time, and the second being on the Watkoko]/t wharf waiting for them to pick it up. having been slipped in the bay on the previous trip. An anchor had. been loaned them by the Wnikokopu Harbour Board but subsequently their own was recovered. On the trip pre vious to the accident, the anchors were 1o be *■ exchanged, and the Harbour Board anchor had been placed on the wlvirf before they could take their own anchor on board. However, the mooring lines parted and they had >) come on to Gisborne without, the anchor Th ( > loss of the anchor had tiot been reported to (,'lare. When the cable purled, two kedge anchors were lashed together and put out from the stern of the ship. The vessel.. grounded on a sandy bottom, and gradually washed up on the beach. Had a scwt anchor been on board, it would have been of little use. His Honour: If you had two anchors on board you would have had both oul during the gale?’’ Witness: “Not necessary.’’ His Honour: “But if one went you would immediately have to put the ot her out ?'’ Witness: ‘‘ J expect so. ' ’ His Honour: “Of course you would. You wouldn’t be much of a ('aptain if you did not. ’ ’ Continuing. Captain Lowry detailed Iho preparations for salvage, stating the gear was assembled as soon as possible. Salvage operations commenced on August 7, and continued until September 2-1 the vessel being raised up troin the sand on jacks, but it was impossible to shift her. The waters were just swirling round the ship. On September 24, a southerly, causing heavy seas, carried away the construe- I tion and skids. There had been no unnecessary delay in getting to the work, and no expense was spared in getting the gear. Cross-examined by Air Myers, witness stated he was first offered salvage gear on July 8, but didn’t obtain it till July 14. Witness denied telling a Waikokopu wahrfinger, after receiving a telegram from Clare, advising ' him not to incur heavy expenses, that salvage gear wouldn’t b e wanted. He also denied an alleged conversation with the same man and Mr Somerfielcl

(Chairman of the Wnikokopu Harbour Board) and Mr Weaver, to the effo-t that the vessel was Hunting on Juh If, and that he could have got the vessel’ off with a hedge and a good rope. Duncan Hector MacDonald, leading Ha,,,! „„ the War Lord, detailed thsalvaging work, stating the vessel raised 3feet 7'niehes, but this proved unsuccessful on account of the anchors • coming home. The vessel subsequently was raised to four teet seven inches, but breakages in the gear and a big sea spoiled all their efforts. Lionel George Clare, lynnaging owner of the vessel, said the ship was insured fur £2650. Witness was in Wellington al lhe time of the accident, and on hearing of the stranding, lie .‘idxised and urged exery effort to get the boat, off. The cost of the salvage opera tions had been £2360. Witness admitI toil sending telegrams advising that it might lie better to Imml over the vessel to-the insurance if the expense of salvaging was too high. Cross-examined by Mr Myers, his evidence went to show that Fred Hall had a third share in the ship, but his share was not covered by insurance, and W. h’. Cederwall also had a third share. Witness said he informed the lusui'a/ce Company when the policy was taken out that only witness’s and Cederwali's shares were being covered by the insurance. I Tim Court adjourned until to-morrow.