LATE PAYMENT OF PREMIUM.

Otago Daily Times, Issue 20271, 2 December 1927, Page 10

LATE PAYMENT OF PREMIUM.

CLAIM ON INSURANCE COMPANY. JUDGMENT FOR THE DEFENDANT. (Per United Press Association.) WELLINGTON, December 1. Patrick Joseph Griflin, hotel proprietor, claimed in the Supreme Court to-day, before the Chief Justice (Sir Charles Skorrott) the sum of £513 15s from the Australian Provincial Assurance Association, Ltd., and Thomas Wellington Raploy, of Sydney, in respect of premiums paid on a policy of life insurance on September 25, 1925, and April 1. 1926. Raploy ivaS then general manager of tho A. P. A. for/ Now Zealand.

Griflin said that although tho payment in March, 1926. fell on the 31st, it was arranged with the insurance company tihat tho payment .should bo made on April 1, in view of his financial year ending on March 31. He said that he posted his third premium on April 2, 1927, in a pillar box. The cheque had been received by tho company on April 4. A Sunday intervened. Griffin was informed that nis premium was late, «nd he consented to being examined again for a declaration of health on that account. After the examination he was offered a “loaded” policy, which ho, refused. Tho company returned his cheque. ’ Griffin claimed that there had been an understanding between Raploy and himself which entailed a waiver o' the conditions of tho policy that the payment on April 2 was a payment in time, and that tho company had no right to cancel his policy and offer him a “ loaded ” one in lieu of it. Tho company’s defence was that the premium was not paid in time, and was therefore null and void. . The plaintiff was held by Ghiot Justice not to have established his case, and judgment was given for the defendants.