“PROBATE” INSURANCE POLICY

Hawera Star, Volume XLVII, 18 May 1928, Page 9

“PROBATE” INSURANCE POLICY

AGENTS’ ALLEGED MISREPRESENT ATION. SUPREME COURT ACTION. Before Mv. Justice Reed, in the- SupCourt at- New Plymouth on Thursday, Agnes 0. B. -Hicks wife of Robert Hicks of Hawera, made a claim) for the return of a premium of kite ios bu, paid to the Colonial Life- Assurance Society Ltd., on a “probate” policy on her life-. ", Mr. A. Tv. North of Hawera, in out--1 ingin o' the ' circumstances, said the errounds of Mrs. Hick’s application were alleged fraudelant misrepresentation and- failure to make a complete disclosure of the nature of the policy, which was signed on the understanding that- it would contain a- clause making available- money for the payment of death duties on her husband s estate. The policy contained no such provision. , T tt The defence conducted by Mr. J. H. Quill Sam; was a. complete denial that anything was said at any time to mislead plaintiff or her husband. Following evidence- as to the com tract between -plaintiff and agents of the company his Honour suggested- a mutual mistake had occurred and the•"rsc was adjourned to allow counsel toi defendant: society to consult the head office His Honfiur though it would be much better if the matter could he arranged without the necessity of the ourt giving judgment. . The agents knowing insurance affairs well, could hardly credit these people not- realising the position. On the other hand, the Hicks, not being familiar with such policies, could not understand, when they perused the poliev on its arrival, why there were no ri arises- for the payment of death duties. —Abridged from News.