The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-03-03
SHUT OUT.
Webb McNaII StartIes the In
surance World Today.
Refuses to Permit Companies
Fighting Mrs. .HillmOn,
TO Do ANY BUSINESS
In kanSaS-WithhOldS License
From Them.
Is Severe Blow to Some of the
Biggest
IN THE u. S.
Including the Connecticut Mu-
tual, New York Life
And New York Mutual Life
Mr.. McNalI's Letter.

Webb McNal1, state superintendent
of insurance, today refused to issue Ii
censes to the Connecticut Mutual, New
York Life and New York Mutual Life
insurance companies to do business in
Kansas for the year beginning March
1, 1897, ending March 1, 1898.
This refusal is based upon the belief
that these companies have not acted
fairly in the famous Hillmon case.
Unless the companies settle the Hill
mon cases or in some manner dispose
of them, they cannot under any cir
cumstances return to Kansas business,
because the decision of Mr.. McNaI is
final and there is no appeal.
The following letter was today sent
to President Green of the Connecticut
Mutual at Hartford, Conn:
Your annual report for the year end
ing December 81, 1896, has been received
and in reply will say, as to issuing Ii
cense for the ensuing year for your
company to do business in this state,
that, on evidence satisfactory to this
department 1 am satisfied that your
company has not dealt fairly with
Mrs. Sally E. Hillmon, in refusing to
pay the death loss and in the litigation
of the same, pertaining to her deceased
husband.
Hence, this department refuses to
issue to the Connecticut Mutual Life
Insurance company a license to do
business in the state for the ensuing
year.
Similar notices were sent to the head
offices of the New York Life and the
New York Mutual Life Insurance COM
panies.
That the decision reached by Mr. Nc
Nall is final is clearly demonstrated by
the decision of the supreme court of
Kansas.
In the mandamus cases of the Dwelling
House Insurance company and the West
ern Home Insurance company, which We're
brought in supreme court to compel Webb
Wilder as superintendent of insurance, to
issue licenses to them after he had re-
fused so to do, the court held:
The legislature has placed the execu-
ton of the insurance law and the conduct
of the department in the control of the
superintendent. He is to determine the
character and responsibility of an apply
ing company or of one already admitted.
To do this, rigid examinations are au
thorized and other safeguards provided.
The legislature has prescribed the stand
ards by which an insurance company is
to be admitted, or allowed to continue
business after admission But, whether
the companies come up to these require
ments, is to be determined by the super
intendent He is intrusted with the ex-
elusive control of the department. It is
he who values their assets and investi-
gates their condition.
He examines the evidence of fair deal
ing fraud on their part; and it is he
alone who must be satisfied before a Ii
ION evidence satisfactory to him a Ii
cense may be revoked; and indeed, every
or revoktng the authority OF insurers, in
wolves the exercise of discretion and
judgment which is vested in the superin-
tendent alone.
mo appeal from his discrimination Is
given, nor any power of review in any
other officer or tribunal recognized in the
law. = But when he acts. and the
determine ton is reached, calling for, the
exercise of official judgment. the motives
which aCtuated him are not open to in
quiry in the action of mandamus-"
The opinion written by Justice
Johnston and concurred in by all the
judges of the court The case is reported
in the fOrtieth Kansas.
John e. Lord of Topeka. is the general
agent in Kansas for the New York Mu-
tual Life. T. w. Scudder of Leaven-
worth, is general agent for the New York
Life H. E. Richter of Council Grove and
DR.. J. H. Graves of Wichita are in
charge of the business of the Connecticut
Mutual