STAY OF PROCEEDINGS

Dominion, Volume 15, Issue 3, 28 September 1921, Page 8

STAY OF PROCEEDINGS

CLAIM FOR LIFE INSURANCE MONEY LATE C. R. SMALLFIELD’S . POLICY ■ : By Telecranh—Frees Association. Auckland, September 27. A considered judgment was delivered to-dpy by Mr. Justice Adams in respect to the application of the Government Life Insurance Commissioner for a stay of proceedings in tho action by Lucy Sruallfiold, widow of C. K. Smallfield, stock agent, Hamilton, for £5OOO life insurance. His Honour held that at tho time the writ was issued thero were points in dispute which under the policy had to be referred to arbitration. At both the inquests on deceased, tho defendant sought to establish suicide. Tho Coroner’s verdict, which was similar in both cases, was of death from heart failure, the Coroner uot finding the cause of that failure, and thus leaving tho matter open, subject to a presumption of innocence. In regard to tho contention for tho widow that there were clauses in the Lite Insurance Act which enabled the matter to be dealt rvith in tho Court, His Honotir said that he had come to tho conclusion reluctantly that that was not so. “If," said His Honour, “I had boon free to deal with tho summons on the footing of an agreement) to refer, I should have considered it was a case in which a stay should be refused upon the grounds stated by counsel for the plaintiff. The Statute is, however, binding upon both parties, and removes from the jurisdiction, of the Court all disputes between the commissioner and any person who has contracted for any annuity or payment under the Act, or anyone claiming to be such person's executor, admußfcitrator, or assignee. Tho proceedings in the action will therefore be stayed.”