CLAIM FOR INSURANCE.

Wairarapa Daily Times, Volume LXII, Issue 9632, 22 March 1910, Page 5

CLAIM FOR INSURANCE.

AN APPEAL CASE

RULING AS TO MEDICAL EVIDENCE.

Press Association —Electric Telegraph—Copyright.

Received Tae3<Jay, 8.45 a.m. MELBOURNE, Monday.

The High Court gavo an important; decision in an appeal from the State Full Court, which refused a new trial in the case Goodrich versus the National Mutual Life Association. Mrs Goodrich took out a policy for £000 to be paid after Her death. The (Jouipauv refused to pay over the amount duo, ou tha ground that Mrs Goociricl] falsaly answered carbarn personal questions with the view of obtaining the policy.

Iv tlie Lower Court trial a medical uiau tendered evidence regardiug Mrs Goouriclrs physical state before death, but tho evidence was rejected on die ground that the doctor had not obtained the consent of tho patient. The iury found that Mrs Goo.lrich was not conscious when she answered the questions as to whether she was suffering from any such physical derangement. A verdict was given for the plaintiff executor for full amount claimed, with costs.

The defendant Company based their appeal on the Limitation Clause of the Evidence Act, which provides that no physician or surgeon sjiaU, without the consent of jjijH patieut, divnlgo iv any suit or action (unless the sanity of the patient be the matter in dispute) any information acquired in attending the patient,

The High Court could not see any satisfactory grouud for limiting the meaning of the clause, aud upheld the Lower Court's decision.