CLAIM FOR INSURANCE

Sun (Auckland), Volume III, Issue 638, 15 April 1929, Page 10

CLAIM FOR INSURANCE

DALMATIAN STOREKEEPERS JUDGMENT FOR COMPANY Seeking to recover the sum of £1,450 from the Australian Provincial Assurance Association, Ltd. (Mr. Finlay), Ivan Marinovich and Ivan Buncuga, Dalmatian storekeepers of Mangawai (Mr. McVeagh), proceeded against the company on March 1. They alleged defendant company had accepted an insurance premium, but when plaintiffs’ store was burned down refused to pay out. Defendants stated that the proposal had been submitted to and declined by seven other insurance companies, and that plaintiffs had omitted to tell defendants that the property was mortgaged for £1,500. At the Supreme Court this morning ; Mr. Justice Kennedy delivered his reserved judgment on the case. Ivan Marinovich, in his opinion, could not plead that he was unaware of the terms of insurance owing to his lack of knowledge of the language. He appeared to be able to look after himself. When he was asked by the insurance company if the business had been declined by other companies Impleaded that he did not know what the word “declined” meant, but it was very likely he did know and had evaded the question. “I think the proper conclusion upon the evidence before me is that the ■ plaintiff Marinovich, when asked in fac! ' had the proposals been offered to or 1 declined by any other office, made I answer which is correctly recorded in j the proposals as ‘No,’ ” said his j Honour.

“Upon these findings there will be judgment for the defendant with costs according to scale, witnesses’ expenses and disbursements to be fixed by the registrar.”