Courts of Summary Jurisdiction
| DOI | 10.1177/002201835702100101 |
| Published date | 01 January 1957 |
| Date | 01 January 1957 |
| Subject Matter | Article |
The
Journal
of
Criminal Law
VOL.
XXI.
No.1
JANUARy-MARCH,
1957
Courts of Summary Jurisdiction
LIFE ASSURANCE POLICIES
THE National Life and General Assurance Co.
Ltd.
recently
appeared through counsel at
the
Thames
Magistrates
Court
to answer three summonses alleging offences
under
s. 22 of
the
Industrial Assurance Act, 1923.
The
first and
second summonses alleging
that
the
Company, having taken
possession of a life assurance policy, failed to give a receipt
for it
and
to
return
it to its owner within twenty-one days,
were withdrawn.
The
Industrial Assurance Commissioner
proceeded with
the
third
summons concerning apremium
receipt book which the Company had allegedly failed to return
within twenty-one days.
At
the
close of the evidence, one issue remained for
the
consideration of
the
learned Magistrate (Cecil Campion, Esq.)
namely, whether or not the receipt book had ever reached
the
Company through
the
post.
Mr.
Campion accepted
the
defendant company's convincing evidence
upon
this
and
dismissed
the
summons.
Section 23 of
the
Assurance Companies Act, 1909
and
section 39 (2) of
the
Industrial Assurance Act, 1923 provide a
penalty of £100 or, in
the
case of a continuing default,
£50
per
diem for this type of offence. Such apenalty may appear
unduly excessive when an Insurance Company is brought
before
the
court solely on account of
the
carelessness of a
perfectly honest clerk who has neglected to acknowledge
the
receipt of an insurance policy or is dilatory in returning it.
On
the
other hand, Parliament
had
also to penalise
the
unscrupulous insurance company which sought to avoid its
liability
under
a life policy by concealing its existence. If, for
example, a policy holder dies whilst his life policy and premium
receipt book are in
the
company's possession for consideration
l--eL
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