AN INSURANCE CASE.

Marlborough Express, Volume XXXIX, Issue 113, 16 May 1906, Page 3

AN INSURANCE CASE.

[press association.]

GORE, May 16

A case of considerable interest to lite insurance policy-holders was decided at Clinton yesterday, when Mr Cruiek.shanks, 5.M.,. g-ranted the re-hearing of the case, Irving v. Colonial Mutual ■■Life, and gave-judgment for plamtift for £20 4s. Irving had modified his tontine policy, which expired during his absence in England. Before leaving the colony he notified the company or'"his intention to surrender at maturity, but returned more than thirty days after.the policy matured. He requested, payment, but the company would only pay the surrender value of the whole life policy, as he did not exercise the option to accept the value of tontine within thirty days. Irving claimed the difference between the amount received and the value of the tontine on the expiry of the tontine period, on the ground that he accepted the lesser amount tendered under a mistake as to the fact. The Magistrate decided in favour of plaintiff.