INSURANCE REFUSED

Sun (Auckland), Volume II, Issue 490, 20 October 1928, Page 6

INSURANCE REFUSED

ELLERSUE HOUSE BURNED STANDARD COMPANY SUED Because the house had not been definitely occupied for 20 days, the Standard Insurance Company, Ltd. refused to pay on a policy in accordance with its terms when the building was destroyed by fire. In the Supreme Court yesterday, Stewart Douglas Harold James (Mr. Leary), owner of the house, proceeded against the Standard Company (Mr. Richmond and Mr. Uren), for £375, or alternatively, against Samuel Vaile and Sons, Ltd. (Mr. McVeagh), the agents. The house was subject to a mortgage of £SOO and the Standard Company made the mortgagee an ex gratia grant of £325. Other land agents deposed that it was their practice to notify insurance companies immediately or soon after a house became vacant. MOVE FOR NON-SUIT

The plaintiff’s case concluded, Mr. Richmond, on behalf of tho insurance company, moved for a non-suit on the ground that the evidence showed the house to have been untenanted without notice to the company, for 30 days. After legal argument concerning the meaning of “occupancy,” Mr. Justice Blair expressed a strong, though not final view, that plaintiff could not succeed against the insurance company. Mr. Richmond and Mr. Uren were then given permission to retire with liberty to offer evidence, if on further consideration, the Court should require it. Further hearing of the case against Samuel Vaile and Sons, Ltd., was adjourned sine die.