The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-06-01
At THE STATE HOUSE.
Superintendent of Insurance
Has Another Law Suit.
Metropolitan Life Gets an In
junction Against Him.
News of the State Departments-Per-
sonals and Notes

webb McNall, state insurance com
missioner, is defendant in another law
suit hled in the United States circuit
court this morning. This latest legal
proceeding IS brought by the Metropolt-
tan Life Insurance company of New
York, and is the OutgrOwth of the re-
fusal Of that company to pay the claim
of ,he heirs of Bertha Z. Emery OF
Kansas City, amounting to S54S.42.
The petition Of the complaining com
pany asked that a temporary injunction
restraining the insurance commissioner
from in any way interfering with the
agents of the company in the transac-
tiun Of company business, be lssueq,aHu
this Injunction was granted by Judge
Foster The company Will now cohtHl-
ue To do business IN the STATE uhtll
such time, at least as there can De
hearing on the Injunction
on Nay 20. 1897, AIcNau notified Ha-
ley EiSke, vice president OF the Metro
politan Life Insurance company, that
he had on that day revoked the COM
Iauy'S license authorizing its agents 10
60 business in this state because of the
company's refusal to pay the claim of
the heirs of Bertha Z. Emery. The first
letter in reference TO this claim was
written by Mr. McNau on May IL, and
the reply of the vice president OF the
company was mailed to the Insurance
commissioner four days later. SupeTin-
tendent McNalls letter stated that from
information received he understood the
claim to be just, and suggested that the
matter be adjusted. The reply of Vice
President Haley declared the claim
fraudulent, and ended with a point
blank refusal 10 pay the amount of the
policy
Then followed the second letter of the
insurance commissioner, dated May 20,
which is made the basis of the injunc-
ton suit. The letter reads as follows;
II have received your communication
dated May Is. concerning the the claims
OF the heirs of Bertha E Emery. / also
note that you say you will not pay the
death loss accruing upon such policy,
as requested by this department, and
that the parties are a { liberty to sue as
soon as they see 1T; that you propose
II contest said claims upon the ground
that Bertha Z. Emery made false and
fraudulent representations to Your COM
pany at the time the aforesaid policies
y5re issued.
Permit me 10 say that I know of no
reason why you should not contest eve
~ policy in existence in this state upon
which loss occurs, but while you are
doing 50 you viii he required by this
department to refrain from doing bust
ness in this state. Hence. I have this
day revoked your authority to do bust
ness in this state by virtue of the Ii
cense granted TO you on February g.
1891 You Will govern yourselves ac-
cQrdingly and cease soliciting business,
receiving premiums and issuing policies
after this date in this state"
The petition of the company states
that AIcNaITs order of May 20, revoking
the company's license. has already dam
aged that organization to the extent of
$50, 600 It also states that action of the
insurance commissioners was with ma
Icious intent.
John De Witt Peltz. of New York
city, general counsel for the Metropoli-
tan Life Insurance company. is in To
peka today and says he will at once
bring a suit against Commissioner Nc
Nall for $4,000 for libel and damages
growing out of the commissioners ac-
ton in revOking license and making
untrue allegations against the Metro
rlnlfrar