LAW REPORTS.

Dominion, Volume 5, Issue 1295, 25 November 1911, Page 3

LAW REPORTS.

SUPREME COURT. THE FIRE—AND AFTERWARDS. INSURANCE CASEPRINCIPALS AND SUB-AGENT. . A\ liolhor them was an expressed, or implied agreement In insure between a prunurty-owner inul an insurance company was thi« point in an action heard in Uw. htiprcino Court yesterday before Ihf. Unci' Jiistici! (Sir Jiobert Stout) and a foiniiinii jury of Iwelvii. The parties to Jlio -iictiou were J)aviil O'Hara. farmer, lale of llannevirkn, but now of Mastort'Mi, plaintiff, and Hie Victoria Insiir"iicu Co.. Ui|.. defendant Tho claim was lor x'M) alleged to bo due under injioiicics. Mr.' K. J. Kitzgibbon appeared for the ■p.liiintili, oiid Mr. T. Young for the deiejidiint company. Principals and the Middle Man. I It nppenriti friiin Iho proceedings thai (liu pliiuilin. O'Harn, was tho owner of four _]i,,i, so prnprriiw in Adams Terrace, ■ \\oJJ-.nijloii. having purchased thorn from hasson Hiu*. Two or l!u> houses (sinen iji'ilroycil by lire) had been insured against (in- lor ii:t;;, am \ £XS, ropootivoly, both ,wiiii tin. UiieeiiKlimd Insurance Company, ;Uil., tor which K;isson Bros, had acted as ]), April, , i9io, sJ asson iii\'iiloil tn roH;rn (ho ugcncv ' of Hie! Qiicoiislnn.l Company and bocouie the agents lor the Victoria Insurance Coml>:ui.i-, J.td., whoso Wellington l)UMue.«s »;.n nijuoged liy Levin and Co. K; was then nrraiiircd that the busiuess influenced •V ];.ii*;»h Jims shaitld follow tho agency to tlin \ ictoria Company. Earlv in Sonleml)i;r, 1910, H ros . came to think that it was iios-m'ilo (hut'soine insurances might have lapwd in tho Office, without being transferred to the Victoria Olncc. In order to guard against any n»k of any of the properties not boing covered, they prepared a list of politics (cimtrollod by their agency) that had expired, or wore to expire between September, 1009, and June, 1911. This wns handed •to the Victoria Insurance Company some time in Deceniuer, 1910, and it was claimed that the company "cspressedly or impliedly" agreed to cover all theso properties. Included in tho list were the policies covering tho two properties in Adams Terrace, which policies expired in November, 1910. The houses were destroyed by.flro on January S, ■ 1911, the owner hold no cover, and tho Victoria Company declined to pay the insurance. Evidence in support nf Iho plaintiff's caw was givi'ii by David O'Eara, W. W. Witddiloyi', and J. W. Kassoii. JMuinrih" staled in pvidtnee that, owinß to his not uciiip a resident of Wellington, ho appointed Kasson Bros, to act .is hie ngeuts to collect rents and pay rates, insurances, etc. The Lawyers and the Lunch Hour. When plaiiitilf's caMi had closed, hli» Honour suggested to Mr. Fitzgibbou that the case, shonld lie wiUidraw.ii from the jury, mid left for a Judge to decide There seomed to bo no dispute as to tho facts. Plaintiff's oso must rest on a. certain paragraph (N'o. S) of tho statement of claim, which alleged that tho company "exprossedly or impliedly" covered tho properties. It was really more a question of law than of fact. Counsel conferred during tho luncheon adjournment, aud, when tho hearing was resumed, at 2 p.m., it was decided to leave tho caso to tho Judge. Tho jury was thereupon discharged. The Other Side's Idea. The defence was a denial of liability on tho ground that no premiums had boon paid, no proposal signed, and no policy issued. In fact tho Victoria Insurance Company had given no cover for' tho buildings destroyed. Although tho policies covering th« properties wero mentioned in th« list, handed by Easson. Bros. In tho company, the company mado no agreement to cover them, as tho policies- worn shown as expiring in November, and tho company understood that any policies that had expired prior to December 9 did not require looking after., .until tho .following year. Tho natural iiilofenco bv'tho company was that tho policies would not have been allowed to la[»e. Evidence for tho defence was given by A. C. Blair, lnansigine clerk of tho-VicU toria, Company, aud Gerald Bell,' Inspector of Kisks. When all the evidence, had toon tendered tho caso was adjourned until Tuesday next for hearing of legal argument.