Craine v Colonial Mutual Fire Insurance Company Limited [1920] HCA 64

BC.L.R.) BS OF AUSTRALIA. ie Ee a 305

vee Bay Fellaelend Fol Metend Toray 98 Ginicr of Pei if , iy i am by im Bs

(HIGH COURT OF AUSTRALIA.}

ai

RR erg APPELLANT ; i PLAINtirr,

AND

THE COLONIAL MUTUAL FIRE ee _ ANCE COMPANY LIMITED | RESPONDENTS.

0 0 a Drrenpants,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA,

| Fire Insurance—Policy—Conditions—Faiture to make claim within stipulated time~ 4 ©, ov A, Waiver—Estoppel—Finding of jury—Conduct of parties at trial. Taine

In an action upon a policy of fire insurance the defendants raised the | "~ MELBOURNE,

dofence that the plaintiff had not complied with a condition of the policy requiring a claim to be made within a certain timo after the happening of the "6 1-4, 8: Joss and providing that, unless that was done, no amount should be payable" Oct, 22." under the policy. 'The plaintiff pleaded to this defence waiver and estoppel. 'The jury found that the defendants had represented to the plaintiff that they RRX073 did not intend to rely upon the fact that the claim was made too late. Starke 43. Held, that from the conduct of the defendants at the trial it should be taken that they did not contest with reference to the plea of estoppel the question whether the plaintiff had been induced by the representation to act 'upon it and had altered his position to his prejudice, and that, therefore, as there was evidence to support the jury's finding, the facts necessary to support the plea of estoppel were established. "Held, also, that the defendants having, with full knowledge that the claim had not been made in time, retained possession of the premises on which the fire had occurred for three months after they had such knowledge, and having, during that time, exercised rights which they could only exercise if their VoL, XXVUI. 20

H. C. or A.

1920. YS CRAINE v. CoLoNIAL Morvan Fire InsurANCcE Co. Lap.