INSURANCE CLAIM

Hokitika Guardian, 26 November 1931, Page 5

INSURANCE CLAIM

NO PROOF THAT HUSBAND' ' • ' SUlfclDEß:' (By Telegraph—Per Ptess Association) WmiNGTON, .Nov, 25. The widow of Dr, H. G. Moser, Mrs Alison Masters Moser, of Masterton, succeeded in her claim for £IOOO under an insurance policy from Norwich Union Life Insurance Society. Mr Justice Ostler gave judgment in the Supreme Court to-day for the amount claimed, with costs. The defence alleged that Doctor Moser had committed suicide, and that

th'e policy became void on that account.

His Honour said the onus of proof was on the defendant company, and that onus had not' been discharged. Dr. Moser .was found dead in his surgery in circumstances which, the company claimed, pointed to suicide; but at the inquest an open verdict was returned, after hearing the evidence of several doctors concerning the effects of anaesthetics mid other evidence. His Honour said the onus was on the defendant company to prove that Moser committed suicide, and that was not to bo lightly discharged. It should not depend upon a mere balance of probabilities, but the balance should be well weighed down. In his opinion, the company had not discharged the onus lying on it. He could not accept the suggestion that oiled silk was tucked in under the collar, for there was no evidence to that effect. No motive had been shown for suicide, and the evidence at the inquest did not definitely establish the cause of death. His Honour said he was satisfied that, if chloroform was used, it was in a small and non-dangerous quantity. He agreed with the deductions of Dr. Wilson, and Dr. Lynch that the deceased would have used a much larger piece of wool saturated with chloroform if he had intended to commit suicide. The use of two pads did not prove that chloroform was used in a quantity likely to be dangerous. The proof offered by the company amounted to little more than a probability, and, that being so, the company had failed to prove its case. Taking all the circumstances into account, the probability was that death was due to other causes than suicide. Judgment would be for the plaintiff f o r the amount claimed, with costs.