Prendergast v New Ireland Assurance Company

Judgment Date01 January 1940
Date01 January 1940
CourtCircuit Court
(Cir. Ct.),
New Ireland Assurance Company

Practice - Summary manner - Motion - Satisfactory evidence of cause of death and of duration of illness - Sufficiency of evidence by affidavit in dispute before the Circuit Court under s. 72 of the Insurance Act, 1936.

  1. Sect. 72 (1) of the Insurance Act, 1936, provides: —"Whenever any dispute arises between an industrial assurance company and any of the following persons (in this section referred to as the applicant), that is to say —(a) any person who has effected a policy of industrial assurance with such company or any person claiming through such person; or (b) any other person claiming under or in respect of a policy of industrial assurance effected with such company; or (c) any person claiming under or by virtue of any provision of this Part of this Act, either such industrial assurance company or the applicant may . . . . apply in a summary manner to the Circuit Court for the determination of such dispute, and thereupon the Circuit Court may hear and determine such dispute . . . ." Held (by the Circuit Court), the expression "summary manner" means proceeding by notice of motion. A policy of life...

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1 cases
  • Re Jacks
    • Ireland
    • Supreme Court
    • 1 January 1953
    ...of the statute and which does not in any way transgress the requirements of justice and fair play. (1) [1938] I. R. 818. (1) 74 I. L. T. R. 259. (2) Before Maguire C.J. , Murnaghan , O'Byrne , and Kingsmill Moore JJ. (1) [1938] I. R. 818. (1) [1924] 1 I. R. 90. (1) [1924] 1 I. R. 90. (1) [1......

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