CLAUSE IN POLICIES

Evening Post, Volume CXXIII, Issue 122, 25 May 1937, Page 10

CLAUSE IN POLICIES

MOTOR INSURANCE *

MAGISTRATE'S COMMENT

(By Telegraph—Press Association.) GORE, May 24. "It is high time legislation was introduced to make this sort of thing void as being contrary to public policy," said Mr. W. H. Ereeman, S.M., at the Gore Magistrate's Court in commenting on a condition attached to every motor accident insurance policy that the parties concerned must not say anything to prejudice .the company in proceedings. Outspoken comment was made by the Magistrate, who contended that this condition had resulted in more perjury than enough in the courts, and a Court should not be governed or ruled by insurance companies, which should not.be allowed to gag the plaintiffs or defendants and thus impede the course of justice. • j The subject was raised when a case j was, called in which a motorist was charged with failing to keep to the left. Counsel asked for an adjournment, as he was awaiting a letter from the insurance company concerned. Sergeant Abel inquired if the Magistrate would give a ruling on such adjournments of motor collision or accident cases involving a breach of regulations. The practice in the past was to hold up such 'cases, even if they were comparatively trivial, until a civil case had been heard. ■ It was most inconvenient, frequently causing long delays. The Magistrate said he had given the matter consideration quite frequently. A civil case arose out of a motor collision or an accident :n which police action for negligence or breach of regulations also was brought. _ The matter was held up until the insurance companies thrashed the matter out, and quite frequently a settlement was reached. When such occurred the tendency became prevalent at the subsequent police action for .witnesses to "go easy" and gloss over the,ir statements in order not to make it too hard fcr the party in the wrong, or civU cases were delayed so long that facts or essential evidence were forgotten. The Magistrate said he considered that if there were a flagrant breach of a bylaw or a glaring case of negligent or dangerous driving the police case should be heard, irrespective of whether there was a civil case. "We should not be governed or ruled by insurance companies, which should not be allowed to gag the plaintiffs or defendants and thus have the course of justice impeded," added the Magistrate. _^_^____—.