The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-08-27
THE LAW OF INSURANCE
DISCUSSED BY JOHN A. FINCH BE-
FORE THE BAR ASSOCIATION.
We1l-KnOwn Authority Says Lawyers
Are Needed to Supervise the
Writing of Policies.

CLEVELAND, o., Aug. 26-The members
of the American Bar Association this morn
ing listened to an excellent. address by Gov
ernor John w. GrigSs, of New Jersey, on
Legislation and the Needs of Reform in
Law-making" and adopted a resolution
which committed the association to an
effort to bring about international arbitra-
ton treaties with all enlightened nations of
the earth. During the afternoon there were
sessions of the legal education branch of
the association and the patent law branch
of the society. From to Z o'clock in the
evening the delegates to the association
were rendered a reception at the home of
Andrew Squires on Euclid avenue Governor
Griggs being one of those present. This
evening there was another session of the
Bar Association, during which late interest
ing papers were read and discussed, after
which the general council of the association
held a meeting and nominated officers.
The standing committee on grievances and
law reporting and digeSting and the special
committee on expression and classification
of the law and on Indian legislation had no
reports to make. The committee on uni
form state law submitted the following:
Thirty States and one Territory have now
appointed commissioners on uniform state
laws, California and Arizona having Joined
the conference during the past year The
negotiable instruments act, copied substan>
TALLY from the English act on bills and
notes, revised and recommended for adop-
ton by the conference of commissioners
last year, has become a law in the States
of New York, Connecticut Colorado ana
Florida. 1t passed one branch of the Legis-
lature in several other States, but failed in
the other branch chiefly, as has been re-
ported, on the ground that sufficient time
had not been given for the consideration of
so important measure. It's passage by the
leading commercial States of the Union
will probably lead to it's general adoption
The conference, at it's session this week
formulated no new measures. An act on
divorce and one on sales are being prepared.
Your committee has nothing to add to its
usual annual statement as to the impor-
lance of securing the appointment of COM
mlSsioners in all of the States. We repeat
our belief that the success of the enterprise
for uniformity depends greatly the CO.
country"
The committe on federal code of criminal
procedure and the committee on patent
laws submitted interesting reports. Mr..
Francis Rowle, of Philadelphia, treasurer
of the association, reported balance of
$500 As in the treasury.
AT meeting of the legal education sec
ton Henry r. Davis, of Washington, read
paper on Primitive Conceptions in Rela-
John 1T A. Finch, of Indiana, read a paper
on The Law of Insurance in the Law
School He said in part: The law of in
surance should be so taught in the law
school that the graduate should know the
fundamental principles of the insurance
business in all its varying branches. They
holders and the interest of the companies
are. in all respects, identical; that any tax
draws upon the remaining policy holders;
that the honest policy holder in the end is
the sufferer for, like the farmer, he sup
ports all. The graduate of every law
school should be so we'll informed of the
purpose of an insurance contract and
should so well comprsAend its present
nounced, that he will understand the con-
tract and know how to write it so plainly
that no court can construe away its intend
ed meaning.
THAT there is urgent need for insurance
lawyers in the assurances Offices especially
in the matter of policy writing Is conclu-
sively proven by the fact that more than
one-third of the cases decided by the courts
turn upon the construction of the contract,
and in nearly all of these the construction
is against the companies. The courts say
that the policy did not mean what the COM
pany intended it to mean. 1t seems ex-
tremely difficult, If not all but Impossible,
for policy writer to express himself with
such clearness and distinctness as will re-
move all doubt as to the meaning intended.
'In the history of Ireland there is a
chapter having for its subject Frogs in
Ireland. The chapter is completed In one
When one is asked to give statement of
the law of insurance, if he will consider
our legislation affecting insurance com
panies in it's unique entirety and the de-
cisions of our courts upon the insurance
contraction this conflicting utterance ne
may suddenly be provoked to give IKE
answer, There is no law of insurance
The organization and control of insurance
companies, as given by legislative enact
ment and the construction of the contracts
Of insurance, as given by the courts, do not
seem to be governed or inspired by any con-
sistent theory a..
in legislative halls, nor by briehng cases IN
the courts We can-and this we should
strive 10 do-fit those who come under our
instruction to do this, and thus, IN tune,
will the law of insurance be brought INTO
orderly harmony with the law on other
subjects" -. ,.o,.,o,, 49,,
address, was delivered by Edmond Wet
more on Patent Law. Frank r Reed,
Of Chisag read a paper on Trade Censor
shin nv EQUITY" and he was followed by }.
II RAYMOND of Chicago, who advocated
the establishment of a patent bar by act OF
Congress He proposed the appointment OF
a commission of five members TO examine
all applicants for admission to practice in
the Patent Office. The discussion which
followed intimated that the members
Thought the suggestion impracticable
Francis Forbes, of New York, read pa
per in which he recited the history OF the
movement for the protection OF industrial
property. The papers of Messrs Reed, Ray
mond and Forbes were referred to the com
mittee of fifteen of the patent law section
TO report next year.
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