CITY FIRM’S APPEAL

Sun (Auckland), Volume III, Issue 703, 1 July 1929, Page 11

CITY FIRM’S APPEAL

reversal of judgment SOUGHT FtRE INSURANCE CASE Frtss Association WELLINGTON, Today. The Court of Appeal engaged this morning in hearing an appeal o£ Samuel Valle and Sons, Ltd., of Auckland, estate agents (appellant) against Stewart. Douglas Harold James, of Auckland, carpenter (respondent). The appeal arose from an Auckland cs se in which appellants and the Standard Insurance Company were defendants. James had two policies of insurance amounting to £7OO over hie property with the Standard Insurance Company. The property was totally destroyed by fire on March 26, 1928. It was occupied to February g, 1928, by a tenant, but from that date until the fire no one lived in the house. It was actually unoccupied for about sis weeks prior to the fire. James himself visited the house during that time and did odd repairs. No consent by the insurance company to the premises remaining unoccupied was obtained and the company repudiated liability under the policies, the condition of which was that sanction of the company was required to be obtained by endorsement on the policy w-here premises were unoccupied for more than 30 days. RULING BY THE COURT The judge held that casual visits *y the owner did not take the premises out of the category of “unoccupied,” and he gave judgment for the Standard Insurance Company against James, as between James and the appellant firm. Claim was made that appellant firm had been employed to act as James’s agents during his absence front New Zealand, and they were to collect rent and pay interest on insurance and rates. They collected commission but did not notify the insurance company when the premises were unoccupied. The judge held appellants guilty of omission, which omission was a breach of contract. He allowed judgment against appellants for £lls and costs. Appeal is from this judgment, which was given by Mr. Justice Blair Mr Gray, K.C., and Mr. Cooke appeared for appellants, and Mr. Leary for respondent. The case is proceeding.