The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-08-04

at the same time, do justice to the great
mass of their patrons-the honest insured.
To this end has all the insurance litiga-
ton tended for years. The insurer is pro-
tected by the now well settled principle OF
law, undetermined however a year ago,
that the application for insurance is a part
of the policy, and that any misrepresenta-
ton or false answer contained therein,
even on an immaterial point, vitiates the
policy. This affords all the protection
that an insurer needs, for with properly
prepared interrogatories and suitable
medical examination in life assurances, he
has all attainable facts upon which to base
q policy and with similarly prepared in
terrogatories and a proper survey, he is
prepared to take his risk in fire insurance
for each is only risk and is only made a
remunerative one by the care with which
IL Is taken and the number obtained.
1t is not many years since that the
clause, contained in nearly every life policy
issued, to the effect that If the insured
died by his own hand the policy should be
void, was strictly and literally construed,
and every insured person who committed
''suicide," as we commonly term it, ipso
tdcto, vitated his policy. But the courts
now put more humane and merciful con-
strlia,ion on the policy. They hold that
an insane person does not Idle by his own
hand when he terminates his existence
that the act is, so to speak, not committed
by the hand directed by the mind of the
person mentioned in the policy, that he
was not responsible for the act and there
fore, it does not come within the excep-
ton named in the policy. This construc-
ton is accepted by insurance companies,
and while it may benefit the family of a
poor "suicido" il works no injury to them
for they issue the policy with knowledge
of the risk.
We refer to this simply to show the adj
vance made in insurance, and will now call
attention to the most recent insurance de-
cision-one rendered by the supreme court
of the United States in case going into
that court from Connecticut. The charter
of the company provided, as we presume
most do, that every contract or policy, to
be binding, must be in writing or in print
under the seal of the corporation, and be
signed by the president and attested by the
secretary or other officer appointed for that
purpose. In this case, duly authorized
agent of the company had agreed to insure
! for certain amount, to issue the policy
| as he had the power to doom that day
and retain it in his possession until day
certain, when the premium was to be paid.
Before that day came, the property was
destroyed by fire, the policy had not beer
issued, and, after the fire, the agent refused
I to issue it. The court held 1.-The filling
sup of the policy was voluntary specific
performance of the preliminary agree
"ment. And, when filled up, the policy
" was by express stipulation to be held by
"the agent in his safe for the assured, anC
"no actu Il manual transfer was, undel
"these circumstances, essential to perfec
the latter's title. II then became hi
property, and upon refusal of the de
% PENDANT to surrender it, two courses wer'
"open to him-cither to proceed by actor
"to recover the possession of the policy
4" or TO sue upon the policy TO recover TO
I" tue loss, and in the latter case to prov,
" its contents upon failure of the compan.
| g. to nrnduce Iha instrument on the trial
the full amount for which the policy wa
to have been issued. There is another cas-
in which similar advance ground has bee
taken, to which We may refer hereafter.