Jean Lilian WRIDGWAY [3115]

  General Notes:

1937 VIC Australia Death 8322/1937 age 21
(Betrothed to William Roger Westcott)
[William Roger Westcott (1910-1950) died Heidelburg House, employed @ Botany Mills Ltd.]

The Argus (Melbourne, Vic. : 1848 - 1957) Tue 24 Aug 1937
Funeral Notice:
Friends of the late Miss Jean Wridgway are informed that her remains will be interred at the Box Hill Cemetery. The funeral will leave 12 Railway Parade, Camberwell THIS DAY (Tuesday 24th August at 2.00pm). Drayton and Garson Funeral Directors ?1228

The Argus (Melbourne, Vic. : 1848 - 1957) Tue 24 Aug 1937
Death Notices:
Wridgway. On the 22nd Aug (as the result of car accident at Ringwood) Jean Lilian dearly loved younger daughter of Mrs and the late E. Wridgway, beloved sister Edith (Mrs Wing New Zealand) Herbert, James and Fred (deceased), aged 21 years.

The Argus (Melbourne, Vic. : 1848 - 1957) Tue 24 Aug 1937
Wridgway. On the 22nd August (result of accident) Jean Lilian, dearly loved cousin of F. and M. Wridgway, aged 21 years.

The Argus (Melbourne, Vic. : 1848 - 1957) Tue 24 Aug 1937
Wridgway. On the 22nd August (as result of car accident at Ringwood) Jean Lilian much loved fiance of Roger Westcott (Ivanhoe)

The Argus (Melbourne, Vic. : 1848 - 1957) Tue 24 Aug 1937
Wridgway. On the 22nd August (result of motor accident), Jean loved sister-inlaw of Gwladys and loving aunt of Terry. A pal lost.

NEWSPAPERS REPORTS re Insurance Claim:

The Argus (Melbourne) 4 May 1938
INSURANCE DISPUTE - ACTION MUST PROCEED The Stae Full Court, consisting of the Chief Justice Sir Frederick Mann), Mr.1 Justice Macfarlan. and Mr. Justice Gavan Duffy, unanimously upheld yesterday an appeal from an order made by Mr. Justice Martin staying an action in which the plaintiff is seeking to obtain from an Insurance company benefits additional to those which the company is willing to give. The Court ordered that the action should proceed, not before an arbitrator, but before the Court. The parties to the action when it was heard by Mr. Justice Martin in February were William Roger Westcott, as executor of the will of the late Miss Jean Lilian Wridgway, of Beaconsfield road, Upper Hawthorn, and the Scottish Union and National Insurance Company, of Melbourne. Miss Wridgway, the Court was informed, owned a motor-car and on August 7, 1937, Westcott, who was her fiance, agreed to arrange for the insurance of the car. He obtained from the défendent company a cover note on behalf of Miss Wridgway and was issued with a proposal form which was completed by Miss Wridgway on whose behalf it was claimed, a request was made that the policy should include personal benefit provisions on the lines of the R.A.C.V. policy. Miss Wridgway was killed in a motoring accident while driving her car on August 22, and three days later the proposal form, which had been completed earlier was forwarded to the defendant company.
It was further alleged by the plaintiff that in the initial conversations between the company and himself, as Miss Wridgway's agent. it was specifically agreed that an insurance policy containing personal accident benefits, which would, in the event that happened, have entitled her to £1,000, was specifically arranged, and that she had in fact now become entitled to such benefits. The cover note was issued subject to the terms of the company's current policy, which, it was claimed, included an arbitration clause, and the company asked that the action be referred to arbitration under that clause.
The company had acknowledged its liability under the terms of the cover note to the extent that it had paid for the repairing of the car and like claims, but it denied that there had ever been any agreement with regard to the inclusion in the policy of personal accident benefits.
Grounds of Appeal:
Early in March Mr. Justice Martin delivered his judgment, in which he stayed the action until the arbitrator had determined whether or not the contract was one which included personal accident benefits, and also whether or not he could go on to deal with the other matters in the statement of claim. If not, then those might go on for trial If the parties so desired. The action would be stayed, with costs. Leave to appeal was granted.
From that Judgment Westcott appealed on the grounds, among others, that the Judgment was wrong in law, and that the learned Judge had no Jurisdiction to make such an order, especially with regard to those matters which it had not been agreed to refer to the arbitrator.
After having heard argument by counsel yesterday the Court ordered that the appeal be upheld and that the order staying the action be set aside.
Mr. E.F. Herring, K.C. and Mr. R.A. Smithers (instructed by Mr. Alan H. Robinson) appeared for the appellant. Westcott, and Mr. E H. Hudson (instructed by Messrs. Aitken, Walker, and Strachan) for the company.

The Western Australian, Tuesday 9 May 1939
APPEAL SUCCESSFUL £1,000 Insurance Award Set Aside.
MELBOURNE, May 8.-An award of £1,000 against an insurance company following a girl's death was upset by a majority judgment of the State Full Court today. The company had appealed against the verdict of a Supreme Court judge and a judgment of Mr. Justice Macfarlan in a case in which.the executor of the girl's will sued the company. In the original action William Roger Westcott, as executor of the will of the late Miss Jean Lilian Wridgway, of Upper Hawthorn, brought an action against the Scottish Union and National Insurance Co, of Melbourne. He alleged that it had been specifcally agreed that an insurance policy containing personal accident benefits was-to be issued to Miss Wridgway, who was his fiancee, with the insurance of her car. A cover note was issued for a proposal form which Miss Wridgway completed. A few days later she was killed while driving the car. The proposal form was forwarded three days later. The company denied that there was ever any agreement that personal accident benefits should be Included in the policy. The jury found for plaintiff. The company appealed on the ground that the evidence did not justify the findings of the jury. The appeal was allowed by the Chief Justice (Sir Frederick Mann) and Mr. Justice Gavan-Duffy. Mr. Justice Lowe dissented. The order of the Court was that the judgment should be set aside and judgment entered for the defendant company, with costs.

The Argus (Melbourne) 31 May 1939
LAW NOTICES-(This Day)
HIGH COURT OF AUSTRALIA - Before the Full Court in No 1 Court - At 10 30
William Roger Westcott (executor of will of Jean Lilian Wridgway deceased) v Scottish Union and National Assurance Co (part heard).

The Western Australian, Saturday 22 July 1939
CLAIM UNDER "COVER NOTEL"
Insurance Company Ordered to Pay
MELBOURNE, July 21 - A judgment by which an insurance company will have to pay a claim under a "cover note" for insurance was deliverd today by the High Court of Australia.
On April 7, 1937, Miss Jean Lilian Wridgway, of Upper Hawthorn, owned a motor car and on that day her fiance, William Roger Westcott, agreed to arrange for the insurance of the car. He obtained from the Scottish Union and National Insurance Company, of Mel bourne, a cover note on behalf of Miss Wridgway and was Issued with a proposal form, which was completed by Miss Wridgway, on whose behalf it was claimed. A request was made that the policy should include personal benefit provisions. A fortnight later Miss Wridgway, while driving her car, was killed in an accident and three days later the proposal form, which had been completed earlier, was forwarded to the defendant company. A Supreme Court jury found for the plaintiff, Westcott, who acted as Miss Wridgway's executor, for £1,000. There upon, the company appeal to the State Full Court, which set aside the jury's verdict on the ground mainly that the verdict was not supported by evidence. Against this judgment Westcott appealed to the Full Court of the High Court which, by a majority, upheld the verdict of the jury. The order of the Court was that the appeal be allowed, with costs, the order of the State Full Court be set aside, the verdict and judgment for the plaintiff for £1,000 of November 15, 1938, be restored and defendant pay the costs of the appeal to the State Full Court.

The Western Australian, Tuesday 1 Aug 1939
TRADE AND FINANCE.
COVER NOTES.
HIGH COURT JUDGMENT.
Changes May Follow Decision. Changes in the system of issuing cover notes by insurance companies may result from the High Court judgment in the case of Westcott v. Scottish Union and National Insurance Co. On April 7, 1937, Miss Jean Lilian Wridgway, of Upper Hawthorn, owned a motor car and on that day her fiance, William Roger Westcott, agreed to arrange for the insurance of the car. He obtained from the Scottish Union and National Insurance Company, of Melbourne, a cover note on behalf of Miss Wridgway and was issued with a proposal form, which was completed by Miss Wridgway, on whose behalf it was claimed. A request was made that the policy should include personal benefit provisions. A fortnight later Miss Wridgway, while driving her car, was killed in an accident and three days later the proposal form, which had been completed earlier, was forwarded to the defendant company. A Supreme Court jury found for the plaintiff, Westcott, who acted as Miss Wridgway's executor, for £1,000. There upon, the company appealed to the State Full Court, which set aside the jury's verdict on the ground mainly that the verdict was not supported by evidence. Against this judgment Westcott appealed to the Full Court of the High Court which, by a majority, upheld the verdict of the jury. The order of the Court was that the appeal be allowed, with costs, the order of the State Full Court be set aside, the verdict and judgment for the plaintiff for £1,000 of November 15, 1938, be restored and defendant pay the costs of the appeal to the State Full Court. Leading Counsel's Opinion. Discussing the case a leading Melbourne counsel said that applying the High Court's judgment, insurance companies, unless they specified with particularity the extent of the risks which they intended to cover, on the cover note, pending completion of the insurance by acceptance of the proposal form and issue of the policy, would incur the liability of having to pay the extent of the cover interpreted in the widest terms in favour of the proposer. This applied to all classes of insurance for which an extra premium was required for certain risks not included under the general policy issued. In the case of motor insurance some com panies issued cover notes on which were printed the words "to be specified in the proposal." This meant that an insurer could "write his own ticket" if a claim arose after the cover was issued and before the proposal reached the company. Such forms of cover notes were definitely detrimental to the legal defence of any company contesting a claim, and, for their protection, should be varied. On the other hand, counsel added business people often required extras on the ordinary comprehensive policy-such as permitting any other licensed driver to use the car for business purpose-and to safeguard themselves they should ask that this extra be specified on the cover note. An Insurance company would be liable to the widest possible extent, if a claim were made on a cover note which did not limit the risk.