Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-08-28
HE EARNED THE FEES
OR. cARRINcToN's EXAMINATIONS
MADE UNDER HIS CONTRACT.
The Physicians Attorneys Give "is s'de
of tho Fight Now On In the
Oinaia Court.

press telegram mas oee" se"t o"'
from Omaha, Neb.. stating that DR.. Chas.
". Darlington. Of this city, has Illegally
secured sisj from the Omaha Lie
Insurance Company. for which the COM
pany ask judgment as against an action
Dr. Darlington has brought against the
company to recover a.Hs
The telegram goes on to say that Dr.
Darlington made a bargain to act as
medical examiner for the company In
virginia. and took 4G3 applications for
Insurance. and that the company nave dis-
covered that these applications were
bogus. ,nr
DIR. Darlington Is not In the city. out
Messrs. Thomson &c Minor. MS at'or'
neys IN the above litigation. yesterday
furnished the Dispatch reporter win ths
following statement OF the case;
"In the latter part Of September 1875
there appeared in Richmond man. VINO
represeutei himself 10 be the ch'ei "a
agents of the Omaha Life Associa'oh' vi
Omaha, Nsb.. with full power 10 appoint
sub-agents. examining physicians, anu. III
fact do everything necessary 10 es'aphs"
agencies for his company IN virginia
Ipon the recommendation CT III huh'e,
Mcclure. he called on Dr. Carring'oh' anu
offered him the position OF chiet exahih-
inc uhysician. which Dr. Darlington ac-
cented ,,pon the general agents producing
satisfactory proof Of the stability OF the
couipauy and OF his own powers Ihuer
their contract DIR. Darlington was ~
receive "A certain sum for every eAanina-
ton he made personally. ana percentage
OH every applicant examined ny any oth.f
phvsician but was In no sense sollci-
tor of insurance Tor th' COMPANY p"t
merely their examining physician
AS TO THE STATE LAWS.
before making this contract Or. car
rtnctnr insisted that the company snouHi
comuly with the State law IN regard 10
foreign Insurance companies, ana they,
through this agent. promised to d. so at
once T'pon this assurance solicitors wer'
appolnted. and the work OF soliciting APP
pIicants was begun and pressed. The
cancral agent represented TO his solicitors.
and. through them. 10 the applicants for
insurance, that the company allowed HIM
the 1rst quarters premiums as his com
missions. and that in order to encourage
the citizens Of Richmond TO insure In his
company and to get the company well
estab, shed here, he would remit the pay
nlent OF til!s DfSl "
the applicants, and thus give them yir-
t,ially three months free insurance. with
the hope and expectation that very large
proportion of them WOULD keep up their
policies.
MANY APPLICANTS EXAMINED.
Upon these representations many APP
plicants were examined, their names sent
to the home office, and policies sent
hal I)r
Darlington ana the home office of the
Omaha Life Association On the one hand.
and Dr. Darlington and the general
agent on the other. shows nothing but
applause and ratification OF the work
DR.. Darlington was doing for the
company, and, in fact nothing was done
by him without the consent and under
the direction of the home Office or Of the
general agent, who Was ia Richmond
large part OF the time. good many OF
the applicants whom the general agent
and his solicitors secured were not able
To keep up their policies on account of
the hard times and this was the first
cause Of complaint of the company, and
Is the only ground for their baseless
charge OF fraud, and for which DR.. Car
rington was in no way responsible. as
he was merely the examining physician
for the company.
CONSTANT EXCUSES.
Meanwhile DR.. Darlington had been
urging both the agent and the company
to comply with the State law, but had
been met with such constant excuses that
he finally told them he would resign and
not examine another applicant unless
they at once complied with their promises
in this respect. Then and there only did
lank In "a X
ing their guarantee deposit and fulfil the
other requirements of the law, but never
did anything more in this direction.
1.-THE company had paid the first two
or three bills DR.. Darlington had sent
them, amounting to something over 500,
with little demur, but when they
began to discover that not as large
proportion of the applicants as they had
expected paid their second quarter
premium, they decided to stop their busi-
ness in Richmond. They quarrelled with
their general agent. and charged him with
misconducting the business. and hnaily
wrote to DR.. Darlington declaring their
intention OF not paying him one cent OF
what was then due him. which amounted
TO about $780, though their letters had
fully ratified up TO this time everything
that had been done by DR.. Darlington.
JUDGMENT OBTAINED.
"Dr. Darlington very shortly thereafter
instituted suit against the company in the
Circuit Court of this city and obtained
Judgment against them for N,14s, which
Judgment was then sent to Omaha to be
sued on and properly enforced there. That
suit is now pending in the courts OF that
city. The contracts between the parties
and all letters sent and received in re-
gard 10 this matter by DR.. Darlington are
matters of record as evidence in this
case, and will show the real facts as 10
this alleged fraud TO be as here stated"
At the Capitol yesterday it was stated
that the company's agent approached the
State officers on the subject Of complying
with the State law. but never did so; also,
that Dr. Carrington's connection with the
company was in every way legitimate.
rtaI