INSURANCE CLAIM

Stratford Evening Post, Volume II, Issue 219, 12 April 1933, Page 5

INSURANCE CLAIM

Appeals by Companies

ONE FAILS, OTHER SUCCEEDS

Judgment of Court Delivered

Press Association. —Copyright

Wellington, To-day.-—The Court of Appeal this morning delivered reserved judgment iu the joint appeals brought by the T. and G. Society and the Commercial Union Assurance Society from the decision of Mr. Justice Reed delivered in the action brought against those companies by Elizabeth Ivy Johnston for the sums of £SOO and £245 10s respectively. The court dismissed the appeal of the T. and G. Society, but allowed the appeal of the Commercial Union. Their Honours were unanimous that the T. and G. Society, having by its own agreement, agreed to abide by the decision of the Supreme Court was precluded from appealing to the Court of Appeal and therefore that appeal should be dismissed with costs. \s to the appeal of the Commercial Union the Chief Justice, Sir Michael Myers held that the company must succeed on the ground of estoppel Justices MacGregor, and Smith held tlfcit the company was entitled to succeed in the case if Mrs. Johnston had not complied with the conditions of her policy of insurance. , Mr. Justice Ostler agreed with the conclusions arrived at by the Chief

j Justice. , ... . ■3 This appeal was allowed with costs,