INSURANCE CLAIM

New Zealand Times, Volume XXXIII, Issue 7868, 2 August 1911, Page 7

INSURANCE CLAIM

ALLEGED FALSE DECLARATION

are statements by patients TO DOCTORS privileged?

The Appeal Court heard yesterday a case of considerable interest to life insurance companies, and of scarcely less interest to policy-holders. The case was not an appeal, but a special ease removed from the Supreme Court by air Justice Edwards and stated for argument before the Court of Appeal. In January, IG-07; one Arthur Harold Lucena made certain statements as to his health to a doctor who was examining him as to his fitness as a subject tor life insurance in the National Mutual Life Association of Australasia, Ltd. A policy for JLIIOLrO was duly taken out by Lucena on February sth, 1907. He died throe years later, on February 3th, 1910. The insurance company refused to pay the amount duo under the policy. AIGS, on the alleged ground that Lucena had made falsa statements as to his health in the declaration he made to the doctor examining him for the insurance company. Tne widow, Teresa Veronica Lucena, thereupon sued to recover the money,, and it was this case which was removed to the Court of Appeal, The bench was occupied by the Chiet Justice (Sir Robert Stout), Sir Joshua Williams and Justices Deunistou and Edwards.

Mr W. H. D. Bell appeared for plaintiff, and Mr C. H. Treadwell for the defendant.

The point to be decided in the Court of Appeal was whether the evidence of certain doctors who had treated Lucena I>rior to his taking xjolicy could be admitted to show that the declaration as to his health made by him for the purposes of insurance’ was false and fraudulent. The evidence in dispute was printed with the other documents in the case, but their Honors suggested that it ought not to be published lest it might be read by some persons who would afterwards act as jurors when the case went to trial. Decision was reserved.