"An incredible Defence"

NZ Truth, Issue 954, 8 March 1924, Page 9

"An incredible Defence"

FOOTBALLERS' INSURANCE CLAIMS. An incredible defence was the comment of Mr. F. K. Hunt, S.M., at the Auckland .' Magistrate's Court after hearing Lawyer Bagnall's reasons why the Ocean Accident and Guarantee Corporation, Ltd., should not fork out £52 10s claimed to be due on an insurance policy covering injuries to football players. The plaintiffs were W. J. Hammill, J. Endean, and E. J. Phelan, trustees of the Auckalnd Football League (Mr. Terry). Counsel for the plaintiffs explained that last April, with a view of protecting its players m the event of accidents, an insurance scheme was evolved by the league. By it was "arranged that the 'policy should cover all players m Senior matches, cognisance being taken of the fact that m the different matches frequent changes were made. Where a substituted player received a knock It was provided that notification of such an injury must be made to the insurance company on the Monday following the Saturday. The present action was brought because complaints had been made by three Injured players that they had not received their insurance hoot , s Secretary Ivan Culpan, of the Auckland Rugby League, stoutly maintained that the understanding was that substitute players would be covered by the policy. Otherwise, he said, some other arrangements would have been made by the league for the insurance of its players. The opposition of the company towards paying out the money was stated m the defence to be on account of substitute players not being provided for, and also because the three notifications were not made on the Monday according to stipulations. Notifications were produced by Mr. Bagnail showing m one case, according to the company's stamp, that it was received, on Tuesday and m anothor on Wednesday. The Magistrate: I don't know that the stamp goes fdr much. This man swears that he handed the papers In every Monday, and it was his practice to do so. To' a further argument advanced by Mr. Bagnall, his Worship said that he had known girls m offices stamping papers the day after they were received. Mr. Bagnall intimated that he would not carry the case further. "It is a question of evidence," said his Worship. "You say these stamps were put on the day the notifications were received. Here Is one dated with the. company's stamp, June 11. nnd yet the company writes stating: 'Your letter of the 10th received.' How do you account for that? The defence Is incredible." After retiring and conferring with his client Mr. Bagnall said: "I don't hold with your Worship that the defence is Incredible. There Is nothing immoral or Improper about it. I have conferred with my client, and will not carry the case further." "All right," said his Worship, "Judgment for the plaintiff for £52 10s and costs."

A correspondent "Rugbytotara" writes asking whether, if the suspension of the Marist Club (Chrlstchurch) is upheld, the whole concern could form a new club and play during the coming eeason: also If individual members of the Marist Club would be allowed to join and play with other clubs. Tho matter was referred to Mr. S. S. Deans, chairman of the executive of the New Zealand Union, and Mr. Edgar Wylie, hon. treasurer pt the New Zealand Union. Their reply is that Individual members may join other clubs, but If tho club Itself decided to play under a new name— which is tantamount to forming a new clvb — then the Canterbury Union would have to decide whether the new club be granted affiliation.