An Insurance Case.

Star (Christchurch), Issue 6314, 11 August 1888, Page 4

An Insurance Case.

THE EIGHT TO REINSTATE. , [Pbb Press Association.] DUNEDIN, August 10. In the Supreme Court to-day Mr Justice Williams gave judgment in the case of Bowers v. the National Insurance Company, a claim of insurance. The policy of insurance was over a house and the furniture in ifc. The Company paid the insurance on the furniture, but elected to reinstate the building ; but plaintiff having alienated the land they were prevented from reinstating. Plaintiff contended that having paid for the furniture the Company could not elect to reinstate the building. His Honor held that if a man's house and furniture were insured, and both burnt, clearly the amount of his loss was the value of the two together ; and it could never have be,en intended to allow a Company to choose at pleasure some items, and say " these we elect to pay ; " for, looking at the nature of the contract and at the fact, thab condition clearly does not give the Company a right to reinstate a part. They have, by paying for a part, lost tho right of election to reinstate, and they must pay for the rest. Judgment for .£IOO disbursements and witnesses' expenses.