INSURANCE CLAIMS.

Manawatu Standard, Volume LIII, Issue 115, 12 April 1933, Page 2

INSURANCE CLAIMS.

JUDGMENT OF APPEAL COURT. Per Press Association. WELLINGTON, April 12. The Court of Appeal this morning delivered reserved judgment in the joint appeals brought by the Tand G. Society and the Commercial Union Assurance Society from the decision of Mr Justice Reed, delivered in the action brought against those companies by Mrs Elizabeth Ivy Johnston for the sum of £SOO and £245 10s respectively. The Court dismissed the appeal of the T. and G. Society, but allowed the appeal of the Commercial Union Co.

Their Honours were unanimous that the T. and G. Society, having by its own agreement agreed to abide by the decision of the Supreme Court, was precluded from appealing to the Court of Appeal, and therefore that appeal, should be dismissed with costs. As to the appeal of the Commercial Union Co., the Chief Justice (Sir M. Myers) held that the company must succeed on the ground of estoppel. Justices MacGregor and Smith held that the company was entitled to succeed because Mrs Johnston had not complied with the conditions of her policy of insurance. Mr Justice Ostler agreed with the conclusions arrived at by. the Chief Justice.

This appeal was allowed with costs,

Both actions were claims by Mrs Johnston for insurance moneys in respect of a motor accident at the Ohau railway crossing on 6th May, 1930, as the result of which sho suffered t.hc amputation of her left leg below the knee. In the caso.of the action against the Commercial Union Company the claim was mado under a comprehensive motor ear. policy whereby sho was insured, inter alia, for £250 and £lO medical expenses for the loss of a leg. The claim against the T. and C. Company was based on tho provisions of an ordinary accident policy entitling tho insured to tho sum of £SOO for tho same injury.