INSURANOE CASE.

Gisborne Times, Volume XIX, Issue 1499, 6 July 1905, Page 3

INSURANOE CASE.

Per Press Association. Stratford, last nigh. A case of considerable importance to insurance companies was heard before Mr A. Turnbull. S.M., to day. H. L. Betts, a local siationer, suod tho Boyal Insurance Company for the refund of ill 8s premium. Counsel for plaintiff said though - the amount was iasignificant, an important principle was involved. Plaintiff held a policy of .£3OO on his stock in the Boyal, and also a policy in tha Alliance. The latter duly notified the Boyal of the policy. Ho notified tho Boyal in accordance with the policy condition of his intention to take a policy in the State office. The Company refused to endorse the new policy, and notifiod plaintiff that be was not entitlod to any benefits under the policy. The action was to determine whether plaintiff wa3 not entitled to come under tho policy, or, if not, for a refund of premium. The action of tho Company w?is apparently in hostility to the State office, and his client wa3 made to sufLr. It was for thcgCourt to say if defendants could determine tbeir contract and retain tho whole of the premium, plaintiff having complied with the conditions by giving notice. Defendants had committed a breach of contract For tho defence, it was argued that the company unquestionably had the right to fresh insurance, and was net bound by custom. The company hod not determined the polioy, aDd in the event of fire plaintiff could sue. After further argument [ his Worahip gave judgment for the amouut olaimed and costs. Leave to appeal was ! refused.