WOMAN’S INSURANCE CLAIM

Taranaki Daily News, 10 June 1932, Page 9

WOMAN’S INSURANCE CLAIM

LEG LOST ON RAILWAY LINE.

ARGUMENT ON NON-SUIT POINTS.

By Telegraph.—Press Association. Wellington, June 9. Legal argument on the non-suit points raised on Tuesday continued all day yesterday in the. Supreme Court, in the case in which Mrs. Elizabeth Ivy Johnson is seeking to recover 1760, alleged to be due under policies, from the Commercial Union Insurance and the Australian Temperance and General Mutual Lite Assurance Co., Ltd. The hearing has now occupied four days, several nonsuit points being raised by counsel tor the defendant companies at t v hc close ot the plaintiff’s' case on Tuesday. Seven counsel are engaged in the case. Among the grounds upon which a nonsuit was asked for were that there was no liability under the Commercial Union policy; that it forgery was proved plaintiff was not entitled to succeed, as her dealings with;,;.the* ’ company impliedly authorised the company to make payment to the husband; failing to give information to rth'e. company and so prejudicing its rights by>delay; and failure to comply with certain condition of the policy in not?;taking action within the stipulated time.; . The T. and G. Company’s grounds mainly were“that the action S was not commenced within the.time stated in the policy, and’ that the clause relating to the supply of particulars of the accident and nature of the injuries had not been observed. At the conclusion of argument his Honour said he would take time to consider his decision. The hearing was adjourned until Monday. ‘ ■