The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-09-13

II
the application is not full. and complete and
true, the fault is wholly that OF the agent. The
supreme Court of the United States, in lpsur-
ance Company VS.. Fletcher (117 u. S., 5l9l has
some very refreshing views on this sort OF alle-
cation. There are hints of value to the policy
writer in that case
81 have. perhaps, laid heavy enough burdens
on the policy-writer. If he will meet all the
quiremeuts named. he will present policy so
plain that there ia nothing left for q court to
construe or jury TO apply. He will thus
largely remove the danger OF litigation between
companies and patrons and only when there is
no litigation will the company be safe upon
purely matters OF law from decisions that may
lalrly De challenged as hasty or unwarranted.
1.-The policy-writsr presents principally ques-
tons of law for the courtk The adjuster pre-
sents principally questions Of fact for the jury.
We are considering the remedy for the unsatis-
factory results liz court which insurance com
pApies plain Of. and have stated that those
results are largely reflected from unfriendly
public impression. The remedy for this i'm
preston is NOT in human power. Something
may be done to affect 1t, but it will remain like
sln and death, and taxes, to the and of TINA
THE djuster has most do of all men in af-
fecting public opinion. lt is not possible for
HIM always to leave the policy holder happy
after loss. The adjuster has a task requiring
remarkable poise, and indeed q full list OF re-
markable faculties. How he shall exercise these
so rs to best impress the public, and at the same
time pest serve his company. and not cmbarrass
great business, is q question worthy of his
deepest concern. / will not generaze on what
10 itself a generalization. The adjuster 10 the
most potent factor in creating public opinion,
and he must bear himself accordingly.
The adj ulster, as related to litigation, is more
within my line OF reference to him. Next to the
policy writer stands the adjuster as factor in
htigatiou.1 For convenience / will. in defiance
OF practice in many companies, regard tho ad-
juster as the only representative OF the compa-
ny acting after . loss. will add 20 his ordina-
~ duties and powers the duties and powers or
president secretary. manager and board OF d.
rectors The chief popularity of the sdjuster
is his wonderful capacity for waving policy con-
ditions. IL he will but walk about the
ruins and decline to aid the policy holders
according TO the provisions OF the policy he may
ind himself TO have waived all necessity for
proofs. If he asks the insured TO make out his
proofs, and the insured does this, the sdjuster
will be in imminent danger Of being estopped
from the right to defend on any other ground
IMAM failure to make proof. WAIVER and
estoppsl become q sort OF double-beaded night
mare TO the sdiuster. If the adjuster gets de-
feetive proofs and sends them back for correc-
ton he waives pretty much everything in
sight SO to speak IL he keeps them without
objection be waves the right thereafter to oo-
ject, and may not DO able even say they were
not made In time. The adjuster, in determining
a question of liability, especially when be Is
aided by the deliberations of . court aud jury,
IS often filed with establishment at the amount
OF information the local agent has which is OF
momentous import The local agent will be
founc fairly crammed with 'knowledee' or mat
ters affecting the risk, all known and In mind
or could have been In q truly large mind when
the policy was written. or course, the condi-
tons Of the policy melt away in the presence OF
such information. 1t is marked period in tho
life OF an Infant when il begins 10 take notice.
liz the child is father the man. this fact OF
early taking notice Is proof OF a coming local
agent liz he passes building In which altera-
tons are IN progress contrary 20 the terms OF
the policy he takes notice of the change. and
the adJuster may not complain IL . building
becomes vacant the agent will be found TO have
consenting notice to the vacancy. Nothing
escapes his notice aud he may. indeed, be
said to have knowledge OF things and notice
OF other things that were never dreamed OF in
his philosophy. IL the local agent could carry
bis remarkable faculties with him he would be
most vs.usble acquisition TO the reportorial
fraternity OF the public press. IL the adjuster
has not waived the company out or court, or
estopped II to proceed with the desired defense,
he will be lucky IL he escapes from the 'knowl-
edge and notice Of the local agent
IA sorely-beset adjuster who bad passed IN
violent movement from The battledore of wsiver
to the shuttlscock of estoppel came to my ONCE
onJr -utSdvice He said the secretary had so
directed him. Disdaining any such mild figure
as have just used. he said grievously: MIR.
Finch, | live between Scylly andiCharybdis.
otherwise known as wsiver and estoppel-how
am 20 escape each and yet attend to my bust.
ness FOR my company That is easy enough,
IrepIied. AN yoa have to do is 10 act wisely.
He went away sorrowng like the man who had
great riches and was hidden to give il all away.
In sober truth, the law Of waiver and estoppel
has been so extensively applied to acts OF com.
pany representatives that an attorney defeated
by every condition Of the policy can yet succeed
in getting verdict IL be can bu, find that any
thing has been done in and about the loss that
is not as definite as formula. The sdjustsr ID
TO the company like q wife rs possession-'a
solace or an Evaporation
"The remedy for litigation, will not say for
bad litigation, for there Is none that is not bad
Tor the companies In one way or another, and
some Is much wore than other, is almost wholly
with the poicy- writer and adj lister.
But we are improving upon the times of Wes-
kett, and upon our own time. Out OF the chaos Of
decisions Ia coming sort OF conference and GER
tainty. The counsel of q company can advise
with increasing confidence. The law as to con-
strnetion OF policies, and as to the action OF the
parties after loss, Is coming out OF the shadows
OF doubt. We may still see through glass
darby, but 1t is glass through which We try
to see. and not mud fence. Ii il less dark year
by year. There remains in sober truth IL must
be admitted there remains much 20 complain of
in the rulings of the courts. but tbs status is not
so bad as 1t would seem. The adverse decisions
proceed in the main from desire for fair play.
The cases as reported, many Of them not at all
presenting the defenses the companies desired
lOtb&n0 on, are generally decided IN WnAt the
caurts deetn q spirit OF equity broad sense.
Not often does clear prejudice appear. 1t is a
great advance when We know what courts will
rule Il is light to the companies when they
may find In the reports continuing principles.
The approach to certainty has been q slow and
painfuf process. The teacher of the courts has
been In expensive lessons which need not to be
repeated line upon line. We have had quite
enough of repetition.
"In summary conclusion, allow me to say q
few words as to what should be done. The pol
icy should have reference to the class OF the
risk. A dwelling should not be insured
% blank equally applicable to a mill or a ware
should be expressed in terms incapable of mis-
understanding. After a loss, and as thorough
Investigation has been made possible, there
biiity or not If liability 10 admitted, aud the
sorted to. And this the policy should and can
detsrminsd TO deny liability, there is little ex.
for dsmsnding arbitration. or for requiring re-
ton, or for putting the policy holder to any ex-
pense whatever. When these important mat
ters are well understood, and rule of action is
taken from them by company officials. we can
look for fewer Insurance. suits, and We will have
made an approach to the happy time when it ID
possible to live iI peace with all msn-even with
insurance men,"
County Seat War Ended.
TOPEKA. Kan, Sept 12.-The bitter county