A BIG CLAIM

Timaru Herald, Volume CXLV, Issue 21180, 29 October 1938, Page 21

A BIG CLAIM

JURY HOLDS FOR PLAINTIFF By Telegraph—Press Association CHRISTCHURCH, October 28. A claim for the payment of £2OOO alleged to be due under a life insurance policy, was heard by Mr Justice Northcroft and a jury in the Supreme Court to-day, when the Perpetual Trustees Estate and Agency Company of New Zealand, Ltd., as executors of the will of Ernest Ackerman Smith, of Lincoln, farmer, proceeded against the Colonial Mutual Life Assurance Society, Ltd. The case turned on whether Smith, in his application for an insurance policy, had misrepresented or concealed facts about his health, as he became a claim on the insurance company a few months after taking out the policy. The jury decided that there was no misrepresentation or concealment in Smith’s answers to the questions set out by the insurance company in the proposal and his personal statement was completed before the insurance policy was issued. On the jury returning its verdict, Mr A. T. Donnelly, for plaintiff, moved for judgment. Mr W. J. Sim, for defendant, asked for an extension of time to move for a new trial and 14 days were granted. The case was adjourned, and all questions of law were reserved.