The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-02-04
Claims for insurance by Garter
Heirs.
TROUBLE, HDELAY MAY CAUSE
Neglect of Agent to Transmit Applica-
tfon-Papers ReceivedaAfUe Death
of AppIi ,ant-RefusaI to Pay Claim'
etc

Papers were filed yesterday by
w. A. Kinney, in a suit brought
bv A. w. Carter and Mrs. G. l..
Carter, executors under the will of
the late G.. L. Garter, against the
Manhattan Life Insurance Co., OF
which John II. Patty is the Homo
lulu agent. The claim is for $4,000
insurance money on the life OF e..
l.. Carter.
The circumstances connected
with the case are at least peculiar
and 90 to show the value of prompt
action on the part of an agent in
the transaction of business.
These items are taken from the
third count in the papers filed yes
terday by Mr.. Kinney:
In November, 1894, Mr.. R. B.
Brennan, sub agent under John
H. Patty agent for the Manhatt an
Life Insurance Co., of New York,
solicited Mr.. Carter to add to the
amount of the insurance he then
carried on his life. The conditions
of the company being satisfactory
Mr.. Carter agreed to take out an
additional $4,000 conditioned that
the premium would not have to be
paid until the following April.
Mr.. Brennan was satisfied and
informed Mr.. Carter that he would
accept his note due in April for
the amount of the premium If he
passed the medical examination
authorized by the company. Hav-
ing so passed the examination he
handed Mr.. Brennan the note as
payment.
Instead of transmitting the pa
pers as agreed the sub -agent allow
ed them to- remain on his desk for
an interval, during which at least
one steamer departed for the United
States. When Mr. Brennan again
looked at the physicians certificate
of Mr.. Carter's eligibility to in
surance he discovered that the
medical examiner had dittoed sew
.eral answers in the blank instead
of writing them out fully.
Mr.. Brennan then returned the
papers to the physician in order
that the entry might be properly
made, and on receiving them he
again deposited them on his desk,
allowing them to remain for an
other long period, or until he was
ready to send them to the head
office, but during which period sew
eral regular steamers sailed for the
United States.
About the first of January, 1895
Mr.. BRENNAN saw the application
on his desk, and in preparing it
and the certificate of examination
for the mail found one of the pa
pers was not properly dated, and
when he had attended to this de-
ficiency it was January 9TH, and on
that day he mailed the papers to
New York. Two days later Mr..
Carter died from the result of a
gunshot wound received in attempt
ing toarrest some of the revolution
lists at the Bertlemann premises,
Waikiki.
Before the paper reached the
company's office the dispatches an
nounced the killing of Mr.. Carter,
and the officers of the company did
not consider the application. A
demand. however, was made upon
them by the executors for the
amount of the policy and refused.
Mr.. BRENNAN then rendered his
services in an effort to have the
company settle. The suit is now
brought because Mr.. Brenham's
physical condition incapacitates
him from any further efforts in
behalf of the estate.
The plaintiffs claim that the GER
tificate of the physician who ex-
amined Mr. Carter declared him to |
be first class risk; that the policy |
would have been promptly granted |
upon the receipt of such certificate,
and that the blame rested solely |
with Mr.. BRENNAN, a regular agent |
for the company. The plaintiffs |
further claim that the acceptance
of Mr.. Carriers note in settlement |
of the premium was in reality the
date on which the insurance began.
The case will be tried before a
Jury, or, if there should be de-
murrer, the case will be tried before
the court on points of law. 1t is
one that will be watched with pro-
found interest by insurance men
everywhere owing to the peculiar