INSURANCE POLICY

Southland Times, Issue 21560, 25 November 1931, Page 7

INSURANCE POLICY

SUPREME COURT ACTION. COMPANY ALLEGES SUICIDE. (Per United Press Association.) Wellington, November 24. Whether Dr. Moser, who was found dead in his surgery at Masterton on March 3 last committed suicide or not was a question involved in an action which has commenced in the Supreme Court, in which the widow claims from the Norwich Union Life Insurance Society £lOOO as being allegedly due under a policy taken out by Dr Moser.

The defence alleged that Dr Moser committed suicide, and therefore the policy was void.

Counsel for the defence agreed that the onus was on them to prove the allegation.

It was stated that death occurred six weeks after the policy had been taken out. The allegation is that, death was from chloroform self-administered. Evidence was given by Dr Cowie and Dr Prior, both of Masterton, Dr Anson, Sir Donald McGavin and Dr Giesen, all of Wellington. They were all asked a number of questions about chloroform and whether the circumstances in which Dr. Moser was found were not equally consistent with a fatal cxi>eriment or treatment for hay fever, as with suicide.

After Dr. Giesen left the witness box, counsel for plaintiff asked the Court to declare that the company had not discharged its onus of proving that Dr Moser committed suicide. In an action such as the present one, he said that the onus was a much greater one than ordinarily. There must be a preponderance and balance of evidence to show that suicide was committed, otherwise the Court should find for the insured. The question of motive was also one that, required consideration and it was admitted that there was no known motive for Dr Moser to take his life. His Honour said he would consider the questions raised and probably require counsel to reply tomorrow morning.