The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-09-13
POINTS ON INSURANCE.
John A. Finch Furnishes Underwriters with
Important Practical Information.

CHICAGO. Sept l2-At meeting of insurance
underwriters held in this city to-day, the
Hon. John A. Finch, of Indiana. delivered an
address on Insurance Companies in Court
which was full OF interest and value. Mr. Finch
opened with copious quotations from a quaint,
one-hundrsd- year-old book, written and pub
lished in Dublin by "Johu Weskstt, Dublin"
Dir. Weskett soundy berates the lawyers and
courts for their treatment of insurance COM
panies, and suggests court Of arbitration, to be
composed of practical business mon, to whom all
questions of insurance should be submitted.
Mr.. Finch then made general review of the at
titude of courts and insurance law. and passed
to a consideration Of the causes Of unfriendly
courts and juries, and closed by a consideration
Of the remedy for the evils complained Of This
part of the paper is of the utmost practical value
to all insurance men. Mr.. Finch said:
"a remedy more practicable and with earlier
results lies with two persons who are much COM
planned of aud are much criticised. They have
more to answer for than all other men or causes
combined. refer to the policy writer and to
the adjuster. They should discharge their
several duties so well that litigation would we'll
nigh cease. But they do not. Take the faults
OF the policy writer. If you will 60 through the
reports you will find that he has been a singu-
larly infslicitous person 1t Is generally clear
what he intended TO say, but II has frequently
entirely too ACKNOWLEDGEMENTS that he did
not say what he intended to say. The courts
must then construe his words. The courts have
never failed TO remember the rule that the
Language OF the person writing q contract is to
be construed most strongly against him. They
undeviatinRly construe the policy-writer's work
In the light OF tina: rule. The policy writer
should know. among other things, that ''con-
tanned In" does not mean while contained in,
aud that the policy will follow q dolmsn. or q
buggy, or horse wherever 1t may lawfully be
found He should know that when he uses
such word contiguous" he has
simply used an expression for . jury to make
clear. Ii the writer Of the application
before the Supreme Court of the United States,
referred to earlier. had, after asking il oking
was allowed on the premises, thought to ask
question binding the assured not to allow smok-
ing on the premises in the future, adverse
verdict might have been saved. He should
know how to write against the dangers Of liens
of every kind, and should know that tax lien
is not an incumbrance and that contract for
sale is not q sale. Indeed, he should know so
much and write it all so plainly down that we
Gao read his policy and quote Hamlet on him,
How absolute the knave is" give him a fur
Their hint: He would vastly improve on his
work. some of the courts look at it, If he
would-as believe he can-conceive an arbitra-
tion clause that would be binding, and on
quest become condition precedent Then the
policy writer should seek light as from on
high TO guide him to a phrase OF policy that
would leave his work to stand as perfect Medo-
Psrsic effort document that agent or ad-
juster could waive, alter or amend The policy
writer here needs his supremest intelligence. Ii
may readily be perceived that the policy writer
has something to do in this life. and his best
friends must admit in view OF what the courts
have said that he has not heretofore done his
work with entire satisfaction.
u will add to his duties that after he has