INSURANCE CLAIM.

Press, Volume LXVI, Issue 20108, 11 December 1930, Page 9

INSURANCE CLAIM.

JUDGMENT FOR COMPANY ON APPEAL. (press association tzusokak) , WELLINGTON, December 10. The Appeal Court delivered judgment in the case of the Colonial Mutual Life Assurance Company v. Leslie Henry Long, a shipping clerk. The judgment was that the appeal be allowed. In the course of his judgment the Chief Justice stated that the evidence did not warrant the conclusion that Long's injury, sustained in throwing a tennis ball, was other than the natural result of respondent's purely voluntary act. The appeal was accordingly allowed. On October 2Sth of last year, when Long was insured with the company under an accident policy,- he was passing the Clyde Quay school grounds where children were playing. A tennis ball was driven out of tne courts. Long went to retrieve it, and threw it back into the court. It was a fairly long throw, and' he felt something "go" in his shoulder. It was an hour or so later before he realised that anything serious had happened, but later in the day pain drove him to hospital, where the trouble was diagnosed as a severe sprain to the shoulder. Respondent required treatment till the following March before the trouble was finally, cured. The Assurance Company, denying that Long's injury was covered by the risks insured against by the policy, refused to pay Long the expenses incurred by him, and the latter accordingly issued a writ cJaiming £9O 5s and costs, and obtained judgment against appellant company, bis Honour, Mr Justice Blair, holding that the injuiy was covered by the risks included in the policy.