At the conclusion of the argument of counsel for the BRWTINGEN appellant, and without calling on counsel for the respond- EVAN ent, the Court orally delivered judgment dismissing the McKAY.
appeal with costs.
0. M. Biggar K.C. for the respondent.
THE DOMINION OF CANADA GUAR- *Oct. 10.
ANTEE AND ACCIDENT INSUR- I APPELLANT; *Nov.4.
ANCE COMPANY (DEFENDANT) .......
AND
ELLEN A. MAHONEY (PLAINTIFF) ......
RESPONDENT. ON APPEAL FROM THE SUPREME NEW BRUNSWICK, APPEAL DIVISION
Accident insurance-Pro vision for reduction of insurer's liability if insured injured " while engaged either temporarily, casually or permanently " in more hazardous " occupation "-Isolated act of extra hazard-Exception to risk described by different wording in policy and application-Jury's findings as to circumstances of accident.
Defendant insured M. against accident.
In his application for insurance M. warranted that " my occupation and specific duties are fully described as president and general manager of lumber company, office duty only and travelling," and agreed to have his occupation classed as "select," and for reduction of insurer's liability if insured was injured "while engaged in any occupation or exposure to danger " classed as more hazardous than that stated. A term of the policy provided for such reduction of liability if insured was injured " while engaged either temporarily, casually or permanently in an occupation classed as more hazardous " than that stated. M. was crushed between two railway box cars, resulting in his death. Defendant alleged that M. at the time of the accident was trying to engineer the movement of a box car, and therefore, under the contract, plaintiff (beneficiary thereunder) was not entitled to the full amount of the policy, which she claimed. The jury, in answer to questions submitted, found that M. died by accidental injury, that at the time of injury he was not engaged in any occupation other than that of "president and general manager of lumber company, office duty only and travelling," and was not "engaged in any exposure to danger more hazardous than office duty." They expressed inability to find what act M. was *PRESENT:-Anglin CJ.C. and Duff, Newcombe, Rinfret and Lamont JJ.