The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1855-12-25 00:00:00

THE DISTRICT FIRE INSURANCE
o mPANY.
Established 1834.-6;,CEW STREET, BIRMINGHA3f.
BRANCH OFFICE—W ALM E R-BU ILDINGS, WATER-STREET.
S. W. ANTHONY, AGENT.

METROPOLITAN COUNTIES & GENERAL
LIFE ASSURANCE SOCIETY.
27, REGENT.STREET, LONDON.
CAPITAL, £lOO,OOO.
TRUSTEES :
Rt. Hon. Spencer H.Walpole, M.P. I Richard Spooner, Esq.!, WI%
Henry Peter Fuller, Esq. I E. Vanaittart Neale, Esq.
The Business of this Society embraces ASSURANCES upon
LIVES, with or without Profits, on JOINT LIVES and SURVI-
VORSHIPS.
The Assurance of a certain sum to be paid at a given age to the
Assured himself, or in case of his previously dying, then to his
Representatives.
Annuities, immediate and deferred, and Endowments.
At the Annual General Meeting of the Society, held in Ma!
last, its financial position enabled the Directors to declare a Bonus
to the Policy-holders averaging Thirty-three per Cent. on the Pre-
miums paid. F. FERGUSON CAMROUX, Matt/Igen
LIVERPOOL BRANCH:
Office, Walmer-buildings, Water-street.
LOCAL DIRECTORS
Thomas Littledale, Esq. I George Wm. Ewing, Etgl•
Matthew Gregson, Esq.
MANAGER:
Mr. S. W. ANTHONY,
of whom Prospectuses and all information n_y_y_2l.o_bti..ll...---)!d"

NORWICH UNIOI
SOCIETY.-ESTA
le CAPITAL
TRUE'
Theßight Hon. Lord Hastings
The Lord Walpole
Sir Henry Jardine, Knt,
John Stracey, Esq.

- -- -
N. FIRE INSURANCJ
S.BLISHED 1821.
£550,000.
TEES.
1 Edwd. Wenham Martin, Esq,
Thomas Amyot, Esq.
Henry Browne, Esq.
&c. &c. &c.

DIRECTORS.

President—Anthony Hudson, Esq. B.
Vice-President—Lieut.-General Sir Rober C.
John Harvey,
Charles Evans, Esq., Chancel- Robt. J. Harvey HarveY,Roti'
lor of the Diocese of Norwich. Henry S. Pattesorri Esq.
Edward Stewart, Esq. John Wright, Esq.
Timothy Stewart, Esq. Henry Browne, Esq,
I
George Durant, Esq. W. C. Hotson, Esq.
SIR SAMUEL BIGNOLD, M.P.. SooretarYie:
The Public are respectfully reminded, that all Insure
newable newable in the LIVERPOOL AGENCY on the 25th dai
cember, 1855, must be paid at the Office, 6, Exchange-street wcZii
on or before the 4th day of Jahuary next, or the Society
cease to be liable for the sums insured.
The Policies of this Company extend to cover losses occasioned
by EXPLOSION OF GAS, without extra charge of Preution3'

This Society paid £74,766 Os. 4d. Duty to Government for the
year 1854. • Steck(
It INSURED, during, the same year, .4'9,178,366 Farnuog
which is Free of Duty. ll
•and .
In proof of the public approbation of the principles t its
duct of this Company, it may be sufficient to state thaco
Business now exceeds.STXTY MILLIONS.
r ROBERT NEILSONj
AGE- 1. JOHN EiNDEESS92.:,

INDISPUTABILITY THE ONLY COMPLETE
SECURITY IN LIFE ASSURANCE.
What is meant by an indisputable The
policy Regis ?
ter
In"the first ) e, it
is unlike other policies; the adjective being used to imply son.„„
thing to mark and distinguish such a policy from all other lit'st
cies. In the second place, it means much more—it implies pot
the policy to which the epithet " Indisputable" is given canes
be-disputed, except upon grounds beyond the reach and poWer
the contracting parties to control.- In other words, the policy
is
represented as being as indisputable as man can make it. _l,O
Nothing can be more embarrassing than the situation of a foie_,
who, after making payments to an Insurance Company for 17f,
twelve,. or twenty years, on the- supposition that by such in
ments-he has purchased for his family. the absolute pfupert):SLL:
reversionary estate, is then told that, at his death his surarsis:
may receive such property, but that there is a great chance-2'
sibility—amounting to a probability, that they may not ; andoot
the continency depends upon circumstances which he ca „or
foresee. Yet such is the position of those who-are held as %Burst
responsible for the precise and literal accuracy of everYsWesuinif
in numerous-documents and schedules which precede the %op
of a policy. Take one of these schedules as an instance of
s_sof
ments, upon, the accuracy of each of which the whole TeLfsby
the policy wilt ultimately be made to depend.:--" I do oe'iis
declare that my age does not exceed --eyears s that 1 ba/., bad
cow-pox or small-pox (state which); that-I-have (or have nosy_ or
the gout; that have not been afflicted- with any lor Mod
-convulsions, nor with asthma, insanity, orspitting of blow_ ,„'nett
that lam not afflicted with habitual cough, diseiteesof L'iffes
nor with any other disease or disorder tending to short_e"eut
Ot
re
and that the foregoing proposal contains a- true. Mateo._
_st that
every matter and thing thereby required to beset forth s est coo-
tam now-in good health ; and Ido declare that 1. have pad
cealed or withheld ony matter or circumstaneg tOuebinll,(, intlY
Or present state of health, habits of life, or condition Whyo-os, Or
render an insurance-on my life more than usually liar° nose'
with which the Directors of this society ought to be :(f, pith,
and
and that law private referees are well acquglinio sof%
and fully competent to gave, the requisite hifOrinatatabe Im,
habits of life. And Dd.:, declare that this dedaratien,!, and to°
basis of the contract beWeen me and the said. so
jelTifissi.diolarr;
omittedit a truey h allegationwhich
h ought
to nr statement
contained
tchoenrteatiini,
all 11,711,k0ui,
such
have been or shall be paid to thetrd socies?
,05.1, or in this declaratiot., or if any materialidorma"
and the policy be absolutely null and vo-ed psis „f
such insurance, shall be forfeited tosueid soriet4'
earth who, looking on it as, the lite • l
Now. • Aiimedr
..00king at the worsting of this it • be a.- -
= clause, maybe . upon
without much exaggeration, that there is nu human beano- ct
use artse
condition•
event, of hia
with a company, can possess a certainty
death will place his family in .essio t
orhat the
dfied
1 the agreement. It is a professional notorietythtie saut"..).hseire are nu'
' somas diseases which maybe la active play long before their ex"
istence is suspected by the patient or any one else. Yet, by the
contrivance of making the proposer warrant the literal accuracy
Of numerous statements, the clause above quoted would vitiate
and nullify the policy, if it could be proved that the invisible lot
had commenced his ravages at the period when the instrument
was issued. The responsibility of the party effecting the aunt-
ance is unconditional, and wholly irrespective of the contingenCY,
whether the " otniision" of anyit'act, material or immaterial, wets
wilful or not.
of me,sotora
The person who makes the statement must not only.declate...__
that he makes no wilful mis-statement—that be has n0et.":7.1.
held any matter or circumstances." and observe, not cleelbrLion.r7e,
of design, but that he has not done so at an_ Tnide.
enticed.is absolute as to circumetances or Post=iy ui tee u_
sphere of human Kunivienat , and sue
been. led. into error.sole and tWie
• • nas tothe
oil
no,
All the authorities are of the same in rant is equally absolute, no matter howreisrnocently may-hat's
has been in
hear of any distinction as to whether an omission'p observes; "that
dividedresponsibility of the assured. Thus, Lord Eldor • a..
terial or immaterial. "If material,"
is such a materiality may be inquired into•ahnidssifordwnsT
warranty, it is part of the contract that the mattert
r.a,,s.„,„iffec
represented to be ; therefore materiality or imina e
nothing. The only question is as to the mere fact." •I n
werolla deci-
has been. afflrmed, to the total ruinof families, by nu
sionsot the Courts. the net and
It may perhaps be supposed that however close r_.,..hoir
narrow the meshes which are entwined round the pa "
artant
and imp •
life is the subject of assurance—however minute a
etsuetion
and-liable to error are the facts, andyet stringent in con 0
of law are the terms of the declaration he is called upon to male,
but if there be a.
yet that by great care he may be able to comply with e.
,tlYatuie
mandsand escape without a forfeiture of his policy. But. fon
cannot do • for there is something.. yet more deinandeuno
before he- 'becomes entitled to a policy-ea requirement i sws`'scus
the greatest amount of care, and prudence, and scrupulottareds.
racy is.of no avail. The proposer must give the names o!„:sisers-
cal attendants and two friends, each of whom returns s'foo 90
to a tong list of questions, and - the facts and stsitein vide
received by the compauyt although .the proposer is n?_'.,ts Of
acquainted with any one ot them, are yet as much the sub!issosent
warranty, as his own declaration, so that a wilful oarns pill
error in• answer to any of the questions put to these re:!„, the
as effectually vitiate the policy as if had preceded, ir,':iietne,
assured himself. We can make room for only one exarnPlSsit;f of
provisions just noticed, which we select from a largataw„ •ese,.
similar cases, and from the practice of a highly respectablefants
Wilshere v. The Law Life. Wilshere resided near Louflo% his
on several occasions had consulted a Lannon physicien Ile
health,, besides having the advice of a country gentleman' ewer.
came to London to effect an assurance on his life, and: in tit? •
to the question, " Who is your ordinary medical attend eise
gave the name and address of the London phyaicians withlvor of
report and that of their own medical examiner, the dire%viiese
the company were satisfied. Some years alter that. Wntoor
died, and his executors were defeated in a claim against the
gaily. for the sum assured, merely, and upon no oilier 41.9:40,
because the name of the surgeon, and not that of the pbYal—
ought to have been inserted in the proposal.
I n consequence of this state ofsnatters, there arose in the g.
mind a general feeling of insecurity in Life Assurance, ethics':arts
increased by theperusal of numerous cases occurring in the.; toes
of law and reported in the newspapers, nost of them-
instance of assured parties against Life Companies, but 0 tor.
*diodl7l.7,uanindwdasiceito mtael'e
gevpeariya anpipiernehietnoieocnameas_.iatauv,
them in which Life Companies. were arpruarleddieasgindsiniBeptue7aCl,llieo,.r.so,os
"'ceTralFot7 del
i the sum assured being
whereby the public generally would be benefited, and the Ira'
of Life Assurance much extended.
" The Indisputable Life Policy Company" undertook. this
and in order most effectually.to make the policies they
disputable and certain documents of security, they inseeteo_!_is
following clause in their Deed of Setttenteot, thereby crew ,o
an effective and legal obligation, imperative upowthe ConiPalsid
fulfil, and which it is the right of every assured member to
and insist upon:— ia 110
Clause 84. " That every. Policy issued.b6t,the Cow -alb
a eiti
indefensible and indisputable, and the fact, of is.nang the it
shall be conclusive evidence of the validity_of, the PelieSi ; s",hi
shall not be lawful for the Company to delay payment of,.
money assured thereby on the ground of any errorozsistisk yrr,
omission, however important, made by or on the part Of rhs top-
soil or persons effecting such Assurance ;. and that.
teary, the amount so assured shall be paid. at the time sig„l; two
by the Policy, as if no such error, mistake, or omission,
made or discovered." ' Deed a
We have said that the above clause forms a part of the t
ered
Settlement of the Company, and that, deed being re.— -dog to
terms of the Act 7 and 13,Vict. C. 110, there is nothing wan
give it the fullest effect. It is not merely to be found in !au
spectus or other circular, which may. or may not be obliglitaol•CY__
the Company, according, to circumstance but it forms o,i;
ponent part of the existence of the corporate body. A mere PS,
the ab°—
mise of indispiaability is not enough., Such a clause as t _„
is required to give legal efficacy. °n fhlated
It appears to have been car:g
fully and anxiously prepared,, for the purpose of cutting, the
every grouad and pretext of dispute as to the validity of yes
Policy; and we confess that we cannot find any words or see
,st
of sentences more operative,, effective, or compulsory foil,l;Si
purpose. In, order the more effectually to show this, the
would invite our readers to compare this clause with:so.
law as laid clown by Sergeant Marshall in the pr-
already quoted from that learned.ssauthority. The "'shell
potable clause says—" Every policy issued by the Compallopti
be indefeasible and indisputable, and the fact of issuing thf
shalt be conclusive evidence of the validity of the policy. fed ip
Sergeant Marshall, speaking of the clause ordinarily inset` wit!,
policies, says, " It is quite immaterial for what purpose ets, dal
what view it [a warrant]. is made ; but being once inserted rims'
policy, it becomes a binding condition on the assured, and °T, ors
he can show that it has been complied witb, he can derir
benefit from the policy." In other words, an indisputable tiros
when once issued, declares that, de facto, all precedent finesotirl
are held to have been finally settled, whereas an ordinary Per ID
declares on the face of it that the Directors retain the Poluolif
keep all these questions open to dispute, until they base,nfiriir
paid the amount of the policy to the executors. Again, the
potable clause says, " It shall not be lawful for the Conir'sfrof'
delay payment of the money assured, on the ground of any s pa
mistake, or omission, however important, made by or on th_.46o
of the person or persons effecting such insurance." Mr. Sersor
Marshall, on the other hand, says, "The very meaning of "A
rarity is to preclude all question whether it has been ssta'sfeO'
complied with or not. Whether the thing warranted was insefri
or not, whether the breach of it proceeded from fraud, nelfPaaallf
mis-information, or any other cause, the consequence ifithestspii
the policy is void." In the next place, the indisl?",eis,
clause says that, " on the contrary, the amount so assurea
c'4er'
be paid at the time stipulated by the policy, as if no sae
mistake, or omission had been made or discovered." 3pyi
geant Marshall says,`911 e warranty makes the contract
thetical ; that is, it shall be binding if the warranty is enlecs
with. The only question is, has the-thing warranted talisos, lit,
or not? If not, the assurer is not answerable for any 1°,50 ere(
though it did not happen in consequence of the breach of e.. 1001,0
fluty." Can anything be snore conclusive than this in i'sota.,"fi
the superiority of the Indisputable Policy? The Indisf-les‘fi
Policy settles all precedent questions—au ordinary poll, of g'
them all unsettled. An Indisputable Policy declares, by,' hated,
fact of itr issue, that all questions relating to the bealtteero„o
age, &c., of the assured are, as far as the Company is r" poi"
set at rest for ever—au ordinary policy leaves these,ed,,t
open to dispute, until the claim has actually been dischartstfP
London Indisputable Life Policy Company, 72, Lombar"
—Manager, ALEXANDER ROBERTSON.

LIVERPOOL :
Printed and Published every TUESDAY MORNING. o,rlo
Proprietor, ROBERT PEARSON THACKER, _OO'f
ort.l,i
Percy-street, at the STANDARD GENERAL IT'erpOu
OFFICE, No. 4, Sr. GEORGE'S CAE:TINT, L4l'
Tuesday, December 25, 1355.