The Topeka state journal., 1897-12-24
MUTUAL LIFE OUT, TOO
Another Insurance Company
DiscOntinues Its Fight
With Webb McNall and With
draws From the State.
Win Still Maintain an Ag ent to Look
After Its Policies Held Here.

After It's Policies Held Here.
The Mutual Life Insurance company
of New York has announced its inten-
tion of Withdrawing from Kansas at the
close of this year and has instructed its
agents 70 close up their business De
cember 81. settle with the home Office
and return all books and property Of
the company TO New York. This is the
climax Of the determination of State
Superintendent of Insurance McNaH
to compel the Mutual Life and other
companies to settle the Hillmon Htiga-
tiOn.
This is the company which Attorney
General BOYLE sought to oust from the
state by quo WarrantO proceedings
Although the company had no author
ity from the Insurance department to
do business in Kansas since its license
was revoked by Webb McNan las
March, F. F. Ware recently made the
statement that it has been doing a sue
cessful business since that time.
The attorney general raised the point
in the case filed in the supreme court
that the company, under a strict in
depreciation of the law, had no right
to do business. The company now
Withdraws from the state and alleges
that Webb McNaHs arrogant ADMIN
istration of the affairs of the insurance
department is responsible for its de-
parture from the state.
y
unofficially notified Attorney General
Boyle OF the company's action at
o'clock last night. The attorneys,
Gleed. Ware & Cfleed, and John f. Lord
state agent. received notification of the
companys intention yesterday after
noon.
The eompany's lawyers prepared and
gave out the following explanation to-
day:
Last fall the state of Kansas. by its
attorney general brought suit against
aFafae
exclude it from the state. The nature
OF the proceedings was what is called
in law quo warrantO suit The Mu-
Uual Lie insurance company claimed
to have right to do business in the
state because it had rendered all of the
fees due to the Office of the superin-
tendent of insurance and had complied
with the insurance laws of the state.
Superintendent MeNau refused to Ii
cense the company to do business in
the state because the company had re
fused to settle the claims of Mrs. Hill
mon, for the reason that the case had
not been decided by the courts and
was still pending, owing to the disa-
greements Of Juries before which it was
tried
The Mutual Life company brought
suit against Mr.. McNau the superin-
teudent of insurance, to restrain him
from interfering with it in the state.
claiming that Mr.. McNalI's reasons for
trying to exclude it were not good. The
united states court decided in favor of
the insurance company and against Mr..
McNall and that suit is now ended, ex-
cept that it has been taken to the Uni
ted states court of appeals.
Pending this appeal the attorney
general has progressed with his quo
Warranto suit The company today
sent word from New York that it would
leave the state December 81. BY leaV-
ing the state. all of the suits fall. The
suits brought by the state to exclude
the company Will have no force because
by the time that suit is decided, the
company viii be out of the state, and
the federal courts injunction against
Mr.. McNaH viii fall because there is no
prOpriety in enjOining the superintend-
ent of insurance from interfering with
the company if il has left the state.
I do not know the reasons that i'm
PEELED the Mutual Life Insurance com
pany to leave the state. but L know
that it does very small part of it's
business in Kansas. It's total policies
amount TO over $500 600 900. and are
scattered all over the world. The
amount of its business done in Kansas
is about 1-160th of its aggregate bust
ness. and it probably does not want to
be bothered hy any more LITIGATION in
Kansas. and can devote its energies to
better advantage in building up busi-
ness elsewhere
General Agent John E Lord said:
The company has become tired of
being annoyed in its business by Nc
Nall and. in insurance parlance will
quit the state said he. I have re-
ceiVed notice to that effect For 2S
years the company has done business
III hansaS- We nave 3,oO0 policy hold
ers. and after January 1 1 viii attend !
only to their premiums. We will make |
10 annual report TO the Kansas de |
partment for 1897. The company will
not be under the orders of McNau |
when that report is due 1 don't know
whether the company proposes to aban- /
don the Kansas field for all time or
not All know is embodied in the or
der received today to cease doing new
business after January -
Mr.. Boyle will rot withdraw the suit /
against the company but viii permit it /
to go to trial and if possible secure a !
Judgment of custer. He has not decid-
ed what action viii be taken towards
the New York Mutual Life but il is
probable that. in the event the oues-
uons at issue should not be decided by [
the pending litigation. through any un-
foreseen circumstances which might /
arise, me Will proceed against the New
York Life in a similar manner
an OLD LAW uNnRsEPurn