WAR LORD CLAIM

Northern Advocate, 23 June 1925, Page 8

WAR LORD CLAIM

QUESTION OF TOTAL LOSS,

OPINION OF THE COURT.

WELLINGTON, This Day.

At the conclusion of the hearing of evidence in connection wijth the claim for £2650, insurance alleged to be due in respect of the schooner War Lord, stranded: at Waikokopu, Mr. Justice Ostler said' it seemed to him that all that the plaintiff had'proved wasf constructive total loss. The War Lord had-i.no.t • -c&os&XKs& ®e>&^if>. y The only •f>oiri¥'-;tiie# '•iieafliii'g'"of the policy when it -referred to "absolute total los§,,V to. bevwhich he thought the ship would require to be a complete wre6k.

Mr. Lusk, for plaintiff, submitted that the evidence, showed the vessel to be so badly* damaged ; as; not to justify any actioii" being to refloat her. He contended that the owners were irretrievably deprived of the use of the vessel for the purpose for which she had formerly been used.

His Honour said it was clear that the vessel h{id jiot 1 ceased jfco be a ship and that the owners had not even "lost the uSe of her. Their giving notice of abandonment did not alter the position. This being so, the plaintiffs could not succeed, but: must be nonsuited; "witli costs.—Pr6ss Assn.