INSURANCE CLAIM.

Stratford Evening Post, Volume XXIX, Issue 141, 7 August 1911, Page 8

INSURANCE CLAIM.

ALLEGED FALSE DECLARATION

ARE STATEMENTS BY PATIENTS TO DOCTORS PRIVILEGED?

The 'Appeal Court heard last Tuesday a case of considerable interest to life insurance companies, and of scarcely less interest to policy-hold-ers. The case was not an appeal, hut a special case removed from the Supreme Court by Mr. Justice Edwards and stated for argument before the Court of Appeal. , In January, 1907, one Arthur Harold Lucena (Manaia) made certain statements as to his health to a doctor who was examining him as to his fitness as a subject for life insurance in the National Mutual Life Association of Australasia, Ltd. A policy for £IOOO was duly taken out by Lucena on February sth, 1907. He died three years later, on February sth, 1910. The insurance company refused to pay the amount due under tho policy, £1032, on the alleged ground that Lucona had made false statements as to his health in the declaration he made to the doctor examine him for the insurance company. The 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 Chief Justice (Sir Robert Stout), Sir Joshua Williams and Justices Denniston and Edwards. Mr. W. H. D. Bell appeared for plaintiff, and Mr. C. H. Treadwell fer the defendant. The point to be decided in the Court of Appeal was whether tiro evidence of certain doctors who had treated Lucena prior to his taking out the policy could be admitted to show that the declaration as to his health made by him for the purposes of insurance was false and fraudulent. Tho evidence in dispute was printed with other documents in the case, but their Honours suggested that it ought not to bo published lest it might be read by some persons who would afterwards act as jurors when the case went to trial. Decision was reserved.