Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-07-28
Correspondence With the Territorial Audi
tor and With An Insurance Agent
Makes the Matter Plain and
Agents Must Obey.

than one. Inc decision aIectS mainly
the Philadelphia and New York under
writer's associations. The opinion reads
as follows:
"Your favor of this date, inclosing let
ter from the London and Lancashire
Fire Insurance Company, in which it
states that it contemplates issuing in
this territory the English un-
derwriters' policy of the London and
| Lancashire Fire Insurance Company,
and asking if any additional deposits
will be necessary, as such policies are
already being issued, and asking my
opinion upon the letter, is received. In
reply, I would say, that the inquiry is
too vague to convey much information;
it says this company (the London and
Lancashire) has already made the de-
posit and qualified itself to do business
ing it's license, it has a right to issue
any kind of fire insurance policy. But
what the 'English-American underwrit-
ers' policy is, or what connection it has
with tilC Lolluoll anu lAalitdSllilC Solll-
pany, am not advised. If the English
American underwriters policy is by a
different company from the London and
Lancashire, it must certainly make a
deposit and obtain license. But if it
has turned over it's business to the Lon
don and Lancashire, which simply is
sues policies and assumes the obliga-
tons of the other company I do not
consider any additional deposit neces-
sary. provided that the business is
turned over in good faith, and in the or
dinary course of business, without any
intent at or effort to enable two COM
panies to do business under one license"
This decision led to letter being ad-
dressed to Solicitor General Bartlett by
S. f. Lankard, insurance agent, as fol-
lows:
Your opinion regarding the Ameri
can underwriters policy has been for
warded to me by the territorial auditor.
What the intent Of the auditor is rela-
tive to this matter is not clear to me at
with him I inferred that he was of the
opinion that the underwriters agencies
doing business in this territory were
liable to prosecution, as well as the
decision sent me is designed to cover
their case I can not see where the case
involved applies to the underwriters
agencies now doing business. l, how
ever, do not wish to disobey the law,
and would like very much to know
whether any prosecution Of agents and
companies is intended under the law.
wish to keep absolutely within the law,
and it has been my understanding that
the companies which have made their
deposits and complied with the law
could issue these underwriters policies.
If not, kindly advise me as to the state
ment made to me that the New York
underwriters have right to do busi-
ness upon the deposit of the Hartford
Fire Insurance Company. By giving
me the necessary information upon this
point you will set at rest the doubt
raised by your letter sent to me by the
auditor of this territory"
In reply to this Solicitor General
Bartlett sent the following:
your favor of yesterday, in regard to
my opinion to the auditor regarding the
American underwriters policy, in which
you state you inferred that he was of
the opinion that the underwriters agen-
cies doing business in this territory were
liable to prosecution, as we'll as the
agents writing policies for them, and
If this decision is designed to cover
their case, you cannot see where the
case involved applies to the underwrit-
ers' agencies now doing business, etc.,
is received; and in reply l would say
that l do not know anything about un-
derwriters' agencies or their policies by
name. My opinion was intended to ex-
press the idea which 1 wish to here re-
iterate, that any fire insurance COM
pany, under whatever name, doing busi-
ness in this territory must comply with
the territorial law in regard to depos-
it's, as well as in other respects. But for
one company to assume to issue its own
policy, as well as policies for two or
more other companies, which other
companies have made the deposit and
complied with the law, is an evasion,
and very clumsy attempt to take an
advantage which will not be tolerated;
it is not fair to the other companies who
do comply with the law, nor justice to
the policyholders. and If such case is
brought to my official attention I shall
enforce the law against the offending
company. II such company is allowed
to do business in that way for two 9TH
er companies, 1t might so do for all the
companies authorized to do business in
this territory"
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