The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1871-10-12
fuE PnGyII FIRE INSURANCE CoHPAxY-
-HSHRBHRlE AND 0PPkESSfvI f0LlGY."

To the Editors o! the Saline County JorxNAL
Under this caption, we find in the
October number of the Kansas Central
Advocate certain statement signed and
sworn to by one Z. w. Ayres, another
by John w. Berks, together with still
another, signed by several citizens Of
Salina, which statements were designed
and do reflect upon our character as men
Of integrity anu fire insurance agents.
And while We do not propose TO enter
into defence of the Phoenix Insurance
Company ut tins time, yet we cannot al
low the aspersions thus maliciously cast
upon us to pass without some reply, and
then leave the matter Of full and COM
pletc exposition of the things complain
ed Of to some future time. Mr.. Ayres
says, under oath, that the house destroy
ed by fire, Aug. 18th, cost over 800,
and was insured in the Phoenix Fire In
surance Co. for $1,000; that he was
Justly entitled to the full amount Of the
policy, having lost everything; and
that his entire loss was more than Sc, 900.
Yet he was only able to obtain from said
insurance company 81, 56s. This amount
he was compelled to accept, or incur the
expenses of u law suit. Now, Mr.. Ayres
is neither boy nor fool, but being a
man convcrs:,nt with business generally
and with insurance in particular, is well
aware that all applicants for insurance
are required to make and sign an appli-
cation setting forth the description, man.
ner of construction, &c, and affiX their
own valuation to the property to be in
surcd, which application is made Il war
ranty, and part of the policy or contract
between the company and the insured !;
the company reserving to itself the right
to pay for the property according to the
proof of loss, or TO replace the same, as it
NAV elect. Is not this true, Mr.. Ayrcs ]!
or do yOls affirm that YOU have the right
to affiX fictitious valuation to property
To be insured and recover, in case of loss,
the amount of such valuation without
your making proof of the loss sustained: :
low is this, Mr.. Ayres? The same gen
t!cman states also, under oath, that hewas
compelled to accept 81 SOS in the settle
ment of his claim, or incur the expense of
law suit. Now, we affirm, and propose
TO prove before we are done with Won and
the many friends whom You quote, that
this par, of your oath is not in accordance
with the facts and that you knew it to be
so when YOU made that assertion, that :.
was made to you, and in good
faith, to duplicate your house in every re
spcct, according to Il diagram and speci;i
cation furnished by yourself, in your own
hand writing. Is not that so, Mr.. Ayrcs:
But did not you prefer to have the 81 500
in cash, which would he the cost to rebuild
your house, than have the house rebuilt;
Is not that true, Mr.. Ayrcs?
Mrs. Sallic =. Ayrcs signed sGch an
application rs heretofore referred TO, set
ting forth the valuation other house, that
it was on Il government claim, bu. !ha, she
was the sole owner of the house To be in
surcd, and that it was free and clear OF
all incumbrancc, &c. In the month of
January. 1871, Mr.. Ayres was notified by
us of the time ut which this policy would
expire, and that renewal receipt had
been received by us to continue this poll
cy upon the annual premium (sl5) being
paid. We saw Mr.. Ayres at our office
after this time, when he stated he wished
us to continue the policy, but that he had
not the money to pay the premium, and
desired us TO carry the policy for him I'M
til he paid the amount. We did so ; we
we advanced the money paid the COM
pany the amount of premium, and de-
livered TO Mr.. Ayres the receipt for the
same and after some time he came in and
paid us the amount advanced for him.
This, too, being done by the agents whom
he stigmatizes AS being parties to the
swipdle Of the Phoenix Insurance Com !
pany. Is not this true, Mr.. Ayres? Mr..
Ayrcs states, after he had made formal
report of his loss, satisfied that in few
DAYS would haze handed to me check
for the full amount of insurance, gave
the matter no more attention., &c. EX-
pccted the money to be paid without any
proof Of loss, origin of fire, valuation of
property burned, or anything whatever
10 show that an accidental fire had oc-
Cured, or that the property insured had
been destroyed! Buiiness men don't do
business in that way, do they, Mr.. Ayres?
The truth of the matter is, before one
word had been SAID relative to rebuilding
the house, Mr.. Woolley came to us on be- /
half of Mr.. Ayres, and stated that Mr.. Ay-
res would settle with the company for ST.
80, and that he was desired by MrAyres /
10 make the statement; but the matter was
not in our hands, but in the hands of the .
adjusting agent Of the company, and the /
was not entertained. Mr. /
Avres was well aware that after this
policy was issued, a mortgage f,f $500 |
had been placed upon this hou-e that as
a matter of fact, neither he nor his wife 4
had one dollar of equitable intercs, in
the property, even according to his own /
valuation. He was also well aware that .
this being done without the knowledge
and consent of the company-absolu,ely
changing the moral risk-made the poll
" void. He also knew that this policy
had been assigned as collateral security /
without the knowledge and consent OF
the company, and that it was absolutely 1
void and was in the State of Virginia
when the tirr occurred /; and that had he .
gone into court, basing his claim upon
that policy, he never could have collect /
ed one dollar. Is not this SO, Mr.. Ayres, 1
Mr.. McCarty, the carpenter, who was
foreman and one of the workmen on Mrs. 4
Ayre's house, offered good and sufficient