The applicant insurer brought an application without notice to pay the proceeds of a life insurance policy into court pursuant to s. 214 of the Insurance Act.
The deceased had designated his girlfriend as the primary beneficiary, but the estate trustee contested the designation.
The court found that the requirements of s. 214 were met, as the insurer admitted liability and there were adverse claimants.
The application was granted and the insurer was ordered to pay the proceeds into court.