INSURANCE CLAIM

Hawera & Normanby Star, Volume LXXVII, Issue LXXVII, 6 June 1919, Page 5

INSURANCE CLAIM

AN INTERESTING CASE

(BY TELEOBAPH —PBESB ASSOCIATION.) CHRISTCHURCH, June 5. At the Supreme Court, before Justice Herdrrian and a special jury of twelve, the Public Trustee, as executor in the estate of the late Edward Creighton Kirk, proceeded against the National Mutual Life Association of Australasia for £697 10s.

Mr Alpers, for the Trustee, said that the case was a claim for the payment of a _ life insurance policy amounting to ' £500, with accrued bonuses amounting to £97 10s, on the life of the late Edward Gredghton Kirk. In the policy ; there was a. clause tlhat if the holder' died by his own hand within 13 months, from date of issue the policy would not be paid. However, that clause did not apply in this case, because Kirk had held the policy for 12 years before his dvath. Kii-k had (died from drinking prussic acid, admittedly administered by his own hand. The question was whether it was an accident or suicide. If it were an accident the defendant company would have to pay; if it were a case of suicide it would have to be de- j cided whether deceased was insane or ! sane at the time of his death. If it' was a deliberate act on the part of deceased the defendant company would rot have to pay. If it was a case of insanity the company would have to pay The evidence showed that Kirk, who was a chemist in a good financial position, suffered from insomnia, and it was suggested that he took prussic acid in mistake for another drug. Mr M. J. Gresson, for the company, said the evidence obtained by the insurance company seemed to show that Kirk wa s sane at the time he committed sui- j oide, and therefore the company had no other course but to nave the case decided by a tribunal. The possibility that Kirk's death was due to an accident was very remote, because a trained chemist like Kirk could not have mis^ taken th^ pungent smell of pruseic acid. With regard to the question of sanity, the witnesses for plaintiff had all testified that deceased was a sane man ;

The jury found that Kirk accidentally tnok the poison which caused his death, and judgment was given for plaintiff with, costs.