INSURANCE POINT.

Stratford Evening Post, Issue 68, 17 October 1930, Page 3

INSURANCE POINT.

CASt IX APPEAL COURT. WELLINGTON, October 16. The Court of Appeal is engaged hearing the appeal of the Colonial Mutual Life Assurance Society, Lim- ' ited, from a judgment delivered by Judge Blair in the case brought : against it by Leslie Henry Long, Wellington, shipping clerk. The facts are that on October 28th last year, when Long insured with the company under an accident policy, he was passing the Clyde Quay school grounds, where children were playing. A tenn'is balFwas driven out of the courts, and Long went to retrieve it and threw it back into the court. It was an hour or so later before he realised that anything serious had happened, but later in the C.cy the pain drove him to the hospital, where the trouble was diagnosed us a severe 'sprain of the shoulder. The assurance company, denying that Long's injury was covered by the risks insured against by the policy, refused I i to pay Long the expenses incurred ! by him. The latter accordingly, ! issued a writ claiming £9O 5s and ,' costs, and obtained judgment against the appellant company, Judge Blair holding that the injury was covered by the risks included in the policy. Appeal is now brought from Chat decision. ! Mr Hoggard, for appellant, said | respondent's movements causing the injury were violent and visible, but ' neither accidental or external. j Mr Scott, for respondent, contended that the cause of the injury was j accidental within the meaning of! | the policy. The Court reserved its decision.