Refusing to admit as evidence a decision handed down by a Canadian Supreme Court, a jury here dismissed the case of an automobile liability insurance company seeking to escape payment of damages on the ground that a man of Jewish extraction born in Canada is not a Canadian but a Jew.
The suit was brought against the London Guarantee and Accident Company, Ltd., by three victims who had figured in an accident with a car driven by Harold A. Green of Toronto, Canada, at Rye, N. Y., on July 30, 1929.
The insurance company negotiated with them to settle on behalf of Green. This they refused. Later the three sued in the Canadian Courts and all were awarded damages. Subsequently the insurance company denied all liability and repudiated Green’s insurance policy, alleging that it was obtained by fraud. The allegation of fraud was based on the fact that Green, born in Canada, had stated he was a Canadian. The insurance company claimed he was a Jew and the Supreme Court of Toronto sustained the allegation of fraud.
Separate suits then were filed here. Grover C. Ladner, counsel for the victims, contended that the insurance company under our law cannot escape liability by repudiation of the policy after negotiating to settle the claim and after the liability of Green had been established.
Judge Marion Patterson refused a motion for non-suit and directed that the evidence be heard.
The insurance company did not put in any defense on the ground of fraud.
The jury’s verdict of $8,500 against the insurance company was unanimous.
JTA has documented Jewish history in real-time for over a century. Keep our journalism strong by joining us in supporting independent, award-winning reporting.
The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
