Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1878-01-26

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I
EDITOR CHRONICLE: In the local
column of your edition of Jan. 10Th
appears the following article:
4 suit of decided interest, not only
to the litigants engaged but to the
community generally, will be COM
menced in the Circuit Court next
Wednesday, the 23d inst. 1t is the
case of Dorrell B. Smith, a promi-
nent farmer living near the Ken
| lucky line, against the North British
Insurance Company, in which the
| plaintiff seeks to recover the amount
of a policy on his fine tobacco factO-
ry, which was burned several years
ago. The Company seeks to avoid
payment by some of the hundreds
of conditions contained in that part
of every policy, printed in such
small type and looking so insignifi-
cant as to wholly escape the atten-
ton Of the applicant for insurance,
who looks merely to the substance
of the contract, and not at all to the
various and deep-set traps laid by
shrewd Companies, looking to de-
feat of the policy-holder should a
question of liability ever arise. Mr..
Ed. Baxter and H. G. Merritt, Esq,
appear for the defense, while Messrs.
Smith d LurtOn and JnO. J. West
represent the plaintiff.
The undersigned, agents of the
different Fire Insurance Companies
engaged in business in this city and
composing the Board of Under
writers, beg leave to enter their in
dignant protest against this imputa-
ton cast upon the underwriting bus
mess generally, as well as the appa-
rent scheme adopted by the author i
of the article above quoted to fore
stall the verdict of a jury who will
have, at the present term of the
Court, to try case in which we, as
a Board of Underwriters, are in no
way interested and have no desire to
influence, but which should be left
to the decision of the Courts.
We deny enlphatically that there
are any "deep set traps" in the
printed conditions of any policy
issued by us, whether "printed in
small type" or in any other style of
the typographical art looking to
the "defeat of a policy-hOlder should
a questsOn Of liability arise" The
of insurance policies are
such only as have been found neces-
sary to protect Insurance Companies
from the nefariOus schemes of de-
signing men, who imagine it to be
a piece of excellent f1nanciering to
take advantage of business organ
lied for the protection of policy
holders against those accidental fires
of so common an occurrence, and
which are always so promptly and
adjusted and paid, and in
strict accordance with the true intent
and meaning of the printed cOndi-
lions and written wording of the
policy.
The fire insurance business in this
country has assumed dimensions !
second to none. Its benefits have ,
been frequently felt by the assured
n this community where, during the :
)ast thirty years, Ocer q quarter of q 8
million Of dollars have been paid on ;
OsseS, and this too, as far as we are q
ldvised, arith only t'cO s,titS at lac to {
nfOrce the payment Of the policies,
the one ADORE named. The
ecOrds of the insurance business
the world evidence the {
act that, in proportion TO theamOunt +
# money paid for losses, the suits \
or the collection of policies are less /
han in any other business of cor /
magnitude. +
We regret that you could have q
'een induced to make such a gene E
al and unwarranted attack against ,,
business of which the author of a
he article mentioned seems to have
0 little knowledge and so little ev-
dence to sustain his charge. &
We most respectfully request that, :
n Justice to the honorable business >.
n which we are engaged, you give ~
he proper space in your next edi- I
ion to this letter of defense, which
; but a plain and truthful refutatiOn
f the Objectionable portion of the
rticle in question.
Very respectfully,
D. y. KENNEDY Il FASON.
w u. KEESEE,