INSURANCE DISPUTE.

New Zealand Herald, Volume LXIV, Issue 19809, 2 December 1927, Page 14

INSURANCE DISPUTE.

CANCELLATION OF POLICY. 'PREMIUM NOT PAID IN TIME." JUDGMENT GIVEN FOR COMPANY. [BY TELEGRAPH. —PRESS ASSOCIATION. ] WELLINGTON, Thursday In the Supreme Court to-day Patrick Joseph Griffin, hotel proprietor, claimed £513 15s from the Australian Provincial Assuranco Association, Ltd., and Thomas Wellington Kapley, of Sydney, in respect of premiums paid on a policy of life insurance on September 23, 1925, and April 1, 1926. Rapley was then general manager for New Zealand of the defendant company. Plaintiff said that although payment in March, 1926, was on the 31st day of the month, it was arranged with the insurance company that payment he made on April 1, in view of his financial year ending March 31. He said he posted his third, premium on April 2, 1927, in a pillar-box and tlio cheque was received by tho company on April 4, a Sunday intervening. Griffin was informed his premium was late and he consented to be examined again for a declaration of health on that account. Thereafter he was offered a "loaded" policy. He refused and the company returned his cheque. Griffin claimed that there had been an understanding between Rapley and himself that the payment on April 2 was a payment in time and that the company had no right to cancel his policy and offer him a "loaded" one in lieu of it.

The company's defence was that the premium was not paid in time and the policy was therefore null and void.

The Chief Justice held that plaintiff had not established his case and gave judgment for defendants.