The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-06-28

During the latter part of 1874, Mr..
Stlwcll Became dissatisfied with the results
of policy in the North America insur
auce company, which he then held and
thereafter AMI up TO the month of March,
1875 he repeatedly sought explanations and
adv &c from me in regard to the standing
of the company, and the best disposition
for him to make of his policy. The said
company having been sold to the managers
of another corporation, and being OF doubt
full solvency, and supposing Mr.. Stilwell to
be man in good health as he then ap-
peared to be, | recommended him to sur
render his pc icy in the North America,
and take out a new one in the company
which ! represented.
After fully investigating the subject,
Mr.. Sril@el decided upon this course
and mis- application was submitted to the
company In the latter part of March, 1875,
and policy issued upon his lie in favor
of Mrs Mary l.. Stllwell, his wife.
Lary in June, rumors reached me that
Mr. Stllweil was unnsurabe at the time
of his application to my company by rea-
son Of q cougenital maitOrmation, the eX-
istence of which he had not disclosed to
the examining physician. called at his
place of business 10 inquire into the mat
ter, and not finding HIM there, l visited
him at his house in the evening. Mr.. Still
well admitted the existence of this malfor-
nation referred to, az stated fully its ma
turc, extent and secret effect upon his
health.
1t is sufficient at the present time to say
that had this condition been disclosed 10
| The examining physician, or to the com
| pany, Mr.. Slllweil could not have been in
| surcd.
| | explained to Mr.. Stlwel that the
| company would not and could not pay an
| insurance obtained under such misrepre-
| eenlGtion of his condition; and he fully
agreed with me that the company was not
Liable on his policy.
Without prior consultation with the
company, | recommended him to return
his policy, and offered TO refund to him the
full amount Of premiums which he had
| paid.
| advised him to consider the matter full
| ly before deciding and he agreed to do so.
Shortly thereafter, he called at my office
accompanied by Mrs. SIilwell, and surren
dered the policy to the company-execut-
ing release therefor and received from
me a check for the full amount of the
money he had paid, to the order OF Mary
l.. Sulwtll, which check bears Mrs. Still
| wells Endorsement.
The recent action In the supreme court
was brought 90 recover possession of the
| policy SO surrendered, and the Judgment
Of the court was In favor of the plaintiff.
From this an appeal will be taken by the
company.
The merits Of the case upon the contract
of insurance are not properly involved in
this decision. If such an action should be
brought, the company will defend it.
Ia conclusion, | can only say that my
action was prompted no less by sense of
duty to the company l represent, than by
that of fair dealing towards Mr.. Stilwell
and the plaintiff in the late action. | hon.
es,ly believed. and still believe that no
right of recovery existed upon the policy
so issued; that having been obtained un-
der misrepresentation of his physical
condition, il was Mr.. Stilwell's duty to
surrender it to the company, and that the
company could not pay it in case of his
death in justice to it's other policy holders.
My sc,ion was fully made known to the
executive Ulcers and TO the legal counsel
Of the company, and was Justified and ap.
proved by them
am well satisfied that. ii all the facts
of this case shall appear on the trial of the
action on the policy, the company will be
not only sustained by the opinion of all
honorable men, but thst my conduct in the
premises viii be shown to have been Just,
kindly and honorable.
Respectfully, FAYETTE p. BRowN.
THE MUTUAL LIFE INSURANCE COMPANY
IF NEW YORK,
NEW YoRK, June ~, 1876
Fdyette p. BrO,on, hsQ, General Agent
lonherS, ". y:
DEAR SIR We have read the draft of
u card which you propose to publish in ex-
PLANTATION OF your action respecting the
policy issued on the life of the late John
NJ. Stilweil, Of Yonkers, in favor of his
wife, Mary l.. Sulwell.
We have been fully informed of all the
facts in his case. ia our judgment they
Justify your action as that of n judicous
agent of this company, aud an honest ad-
wiser of the late Mr.. Slilwell. Had we
been informed of the facts of the late Mr..
Stilwell's subsequent admissions disclosed
and which he concealed on bs examina-
lion, this company would not have issued
policy on his life, and we know CT nc
company in the world which would have
insured him.
The attacks which have been made up.
on you ere based upon partial and one
sided statement of the facts, and do you
great injustice. We have no doubt that
the ultimate decision in this case will show
your aclion to have been correct both in
law and in morals. We are very truly
yours,
+. s. WINSTON, president.
RICHARD A. MoCURDY, vlce-president
o. Ii. PALMER, solicitor.