SUPREME COURT.

Stratford Evening Post, Volume XXXI, Issue 51, 27 September 1916, Page 7

SUPREME COURT.

— TUCKER V. S3UTH BRITISH INSURANCE CO. IMPORTANT JUDGMENT. At Wanganui on Wednesday, Mr Justice Edwards delivered judgment in this case. The plaintiff was the holder of an accident insurance policy from the defendants, under which he was to receive £6 a week if incapacitated. Ho met with an accident > which he claimed entitled him to ; seven weeks’ compensation, while the • company maintained that he was only 1 entitled to two. The dispute was referred to the arbitration of Air C. C. Hutton, who made an award in favour of the company. The plaintiff then applied to have the award set aside as being erroneous. His Honor, after ruling that it was competent for the plaintiff to make the application, ’ went on to decide that the plaintiff must succeed. He declared that if the company’s construction were to j he put upon the policy it would really he of no protection to the assured. Policies such as the one under review were prepared by the companies in such a way as to protect them on all sides, and were therefore to be interpreted in the sense most favorable to the assured. He agreed with the plaintiff’s contention that if there was any ambiguity in the document it g should be read against the company and in favour of the assured. He accordingly directed the arbitrator’s award to bo set aside, with £lO 10s costs to the plaintiff. Mr Mackay appeared for the plaintiff, and Mr Treadwell for the defendant. It is understood that the decision affects practically every accident insurance policy now current.