INSURANCE CLAIMS.

Star (Christchurch), Volume XLIV, Issue 735, 12 April 1933, Page 12

INSURANCE CLAIMS.

One Company Succeeds on Appeal. SEQUEL TO ACCIDENT. Per Press Association. WELLINGTON, April 12. The Court of Appeal this morning delivered reserved judgment in 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 an action brought against those companies by Elizabeth Ivy Johnston for the sum 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 Honors 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 the appeal should be dismissed with costs. As to the appeal of the Commercial Union, the Chief Justice held that the company must succeed on the ground of estoppel. Justices MacGregor and Smith held that the company was entitled to succeed because 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 Justice. This appeal was allowed, with costs.