The evening times., 1895-11-05
iVlITING THE DECISION
Lawyers and Insurance Agents
Interested in a Pension Case.
SUPREME COURT ACTION
Com m issioner Lochren Re fuses to Pro-
duce Papers Filed by Applicants
for Pensions, TO he Used In the De-
fense of Suits Against the Life 1n-
surance Companies by ex-SOIdters.

Members OF the bar and agents of in
surance companies in this city are greatly
interested in the application recently made
to the District supreme court to require
the Secretary of the Interior To cause the
production OF papers filed in the Pension
office by applicants for pensions TO be
used by Insurance companies i'll defense OF
suits instituted against them for recov-
cry of life insurance on policies taken cut
by cX-soldicrs.
1t seems that the payment Of these
policies is contested on the ground Of al
legged misrepresentation on the applications
for insurance, ana the companies contend
that the government should be made 10
produce tue medical examinations ana re-
ports filed in the Pension office in the
prosecution of claims for pensions.
Commissioner of Pensions LOchren is op-
posed TO compliance with these demands
made by insurance companies, and i'll speak
ing on the subject SAID:
Some sort of application was made TO
me by a lawyer III behalf or the Fidelity
Life Insurance Company OF New York, and
1 declined TO furnish copies of the paper
for tie use OF the Insurance company, where
upon il was minated to me that resort
would be had TO a writ of mandamus to
compel ME TO produce them.
MIGHT PROVE POWERLESS.
Il need scarcely say that such a writ,
being specially intended to cOuipcl the per-
fornance of a ministerial duty, and the
law not having imposed such duty upon
me as TO respond To the call OF insurance
companies, i'm like cases, the writ might
prove powerlcss.
As understood, resort was subsequently
had 10 the Secretary Of the Interior. and
through some means the attorney learned
that III application were TO he made IN any
legal form. the writ OF subpoena duccs
tecun would necessarily be the proper one
However, may say right at this point that
such applications have frequently been
made, and have uniformly declined to re-
ceiye them.
ut looks to ME like this: An Old soldier,
who is, perhaps, a pensioner himself, APP
plies 10 a company for insurance. The
company selects its own medical examiners
to test the physical condition of the appli-
cant. 1t seems TO NE that the material
question In such Il suit is not what aver
ments a pensioner may have made to the
Government in his application, nor what
the state OF his health was when examined
by the examining surgeons of this bureau,
but, rather, what was his physical condition
at the time when he sought insurance, and
that fact can best be determined by the cx-
pert testimony of the medical examiners en-
plOyed by the company, and in whom they
repose special confidence, and who made the
necessary physical examination al the time
of application.
1t seems to me that when a company ac-
cepts a risk upon the testimony of its own
medical agents, in whose skill special con-
fidence is reposcd, unless deliberate fraud
be practiced by the claimant, The company
should be bound by the acts of its agents.
Where such a company accepts the risk and
continues, month after month and year after
year, to receive the premiums from the SOL
dier, never venturing a any time during the
lifeof the party that therehas been fraudu-
lent cOnce3lmeDt or misrepresentation or
allowing the insured to contest such prop
ositiou in his lifetime, It ought, in JUS
tice, be estopped from setting up. after
death of the party, plea of this Kind in the
endcavor to prevent the payment OF tue
policy.
GUILTY OF MALA FIDEs.
''It is true, fraud vitiates everything into
which il enters; but in these cases it seems
to me as though the insurance companies are
themselves guilty of mala fides in accept
ing the risk and receiving the premiums
without remark and withou; question. and
waiting until the insured is dead to dispute
the claim of the widow.
''Thc pensoner may, in his declaration or
affidavits prepared by a not over scrupu-
lous claim agent, have exaggerated his dis
abilities in his claim for pension. This
should not be disclosed to defeath his widows
claim for insurance.
II have caSiscientiously opposed the lend
ing of any assistance on the part of the
government to insurance companies where,
under such circumstance they have sought
to refuse payment TO the widows of pen-
sioners.
II not only believe that the archives of
the government are not for the benefit of
such corporations, and that 1t is contrary
to settled and good policy to allow its
records To be used by them in such
manner, but l further believe that some
OF the papers sought by insurance compa-
nies to be used as evidence against the
suitors-such, for instance, as medical eX
aminations by surgeons OF this bureau
should be excluded, not only upon the
ground that they are in their nature conf
DENTAL and intended solely to advise an ex-
ecutivc officer in the administration Of his
duties, but, further. because, In my judg
ment, they are not competent testimony,
unless they are to be used in connection
with su its against the surgeons them selves"
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