The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1876-11-30

zee than that 10 the famous case Of the
horseshoe mails And yet she learned
;OuIt, IN the same epInian, declare that
FheIe n warranty Is clearly and under
itat dinghy gwen by an insured, no nat
er how immaterial the fact " arranted
may be, he will be held strictly o this
contract" These things being Sc, the
iuty Of the legislature to intervene is
imperative. legislative interference
has often been found necessary to sbro-
gate the absur dities or mitigate the hard
ship s of tue common law. A great
man years ago sORe old duDderpate
conceived the idea that the word "re-
pair, in a lease, meant rebuild" Gs
well as rsnOVAts, and so where she lessee
covenantsd TO keep In repair, be Was
held bound to rebuild the premises If
burned up or blown down Our leGisIa-
turs found no difficulty in knocking that
venerable idocy on the head. 4 score
OF similar instances mig hs be adduced-
But when the legislature are pssitiuned
to make soms just, sensible and humane
regulations for life insurance companies,
there is always something IN she way.
Whether that obstacle Is in the heads
or the pockets of oar legislators, we
leave to others to pronounce.
Hateful a. the doctrine of insurance
w4rrantiss is, it is less 50 than the idea
that the defence of fraud or breach OF
warranty may be set up at any time,
although the inquirer Ray have long
been aware Of the existence OF the de-
Ieuse, and have received the premium
year after year with that knowledge
Now this makes very pretty and safe
state Of affairs for the insurers. First,
they dictate q contract which no appli-
can't eau possibly fulfill; second, they
constitute the solicitor the agent of the
applicant, and not of the insurer, and
make the applicant the scGPs-gOat for
all his lies and fraads; third, they take
tue premiums just as lOag the insured
will pay them; fourth, they keep the
premiums and avoid the policy. But
the insurers tell as that they never avail
themselves of this privilege of avoiding
the policy except IN clear cases of fraud f,
and that something of the sort ID neces-
sary to their own protection. What az
unblushing prerense il this Why, In
many companies the death of she 10
sured ia "a unfailiRg signal for q law
suit. Look at our calendars, crowded
with life insurance cases See the
agents, fockIng with sure scent 10 every
hOrrId feastl No litigation, except where
the companies cOascIen tiOusly feel that
fraud has been committed 7 Way, In
the reports of tie Courts of Appeals
alone, since its organization in 1870 You
will find eighty life assurances reported
almost as many as the entire num ber of
appeals froIa Chancellor Waiworth's
decisions during his twenty years term
nE n
of the solicitors and agents of the COM
paniss Think of their capacity and
norAhJy The occupation OF soliciting
life insurance Is the BOtnsy Bay OF ali
ether busIu ess \ Othing more detesrable
than the system of soliciting life insu
rance was ever prssucsd In our commu-
atty, except she system of mOieties in
ths collection of tue government reVs-
nues. The solicitors compensation de-
ponds upon his success, and yes all his
lying and trickery Is charged TO the in
sUred Il ID d standing preRiuR on
knaVerY. With such powers and priv
lIegss In the insurers, with such morals
Ia the agents, and with such u system
of inducing assurances, what wonder is
If that the com muRity are groaning un-
der the oppression, anu shat the busI-
ness Itself IL falling into dIsrepute and
rGin Do We sxagEerste thsse points
Road a few words from the opinion
of the Court of Appeals, in ROhrbdcE '.
GeTB1GniG Fire InS. Co 50 n. 7 60: 1T
Is to be regretted thai corporations, of
the power and extended bus rsIa-
tions with all classes in the eOmma nifty
which insurance companies have, should
prepare for illiterate and cOnfding men
contracts so practically deceptive AID
nugatory, aud should, in eases free from
fraud and wrong on the part of the in
sured as this is, hold their customers to
she letter of an agreement so entered In
to l ana aware that often the companies
are made the victims of dishonest and
designing persons, but [ cannot agree
that the remedy for that is to refuse to
be bound by the acts Of agents of their
own selection when dealing with simple
and unt Uttered men. If there should be
less greedlness for business, and such
care In the selesEOn and appointment of
agents as would insure the confd sncs
of the companies in their capabIlity
discretion, and integrity, it would net
need that there be laid upon unWise
pOlicYhOldOrs an agrReRsut 20 take the
burden Of the opposite qualities IN those
Pus forward to them As actors for the
Insurers" These are not tns words of
an advocate or partisan writer, bat of
Il calm aud dispasnouate judge, who re-
grets the abuse Hhieh be is pOwerless to
prevent.
We certainly have no feeling against
good system of life insurance. We
have no criticism to make upon the
conduct of some Of the companies As
carried on by some companies, the bust
ness of life insurance is useful and ben
sicent. But these reputable companies
must eventually suffer from the hostility
20 the system and the lack of faith in
its sOundness which are rankly gro sing
up in every community. Aud as to the
majority of the companies and their man
ner of doing business, We say, delibsr-
stely, that the lottery bus mesa il honor
able in comparison, and that one would
do better to invest in its chances, for in
the latter one bargains but for chance
and gets it, while in the former he bar
gains for a certainty and gets NOT even a
chance.