Omaha daily bee., 1899-09-13
BRYANT RENDERS A DECISION
Puts a Construction on the Residence Insur
snoe ACT in Answer to Question.
THINKS THE LAW APPLIES IN THE CASE
List of Cases to BE Called In the
Supreme Court-Poynter to Pre-
side One Day Mt the Trust
Conference.

LINCOLN Sept. 12.-(special deputy
Insurance Commissioned Bryant today rem
dered the following opinion regarding the
construction Of the resident insurance
agency act, passed by the last Legislature:
''In re North British and Mercantile
Insurance company OF London and Edin-
burRh.
THE following inquiry comes from
Howard De Mott, assistant manager OF the
company named in the title:
Referring to your recent opinion re-
garding the construction of the resident
agency law IN Nebraska, to mean that
policies must be countersigned by an agent
within the county where the property is
situated. we ask for information whether
this applies also to policies OF reinsurance.
For instance, II our agents in Lincoln were
TO Issue a policy on property In Lincoln or
Lancaster county, would 1t afterward be
proper for our agent In Omaha to issue a
policy reinsuring in part the liability under
the policy issued by the Lincoln agent on
the same property reinsuring the original
policy covering on Lancaster county prop
erty. We do not see why this would not
be a perfectly proper course, inasmuch as
the entire insurance was issued in the
county where the property is located and
tho entire premium paid there, the reinsur-
ance policy being a matter subsidiary to the
original contract. Kindly let us have your
opinion on this point and oblige.'
II might answer the inquiry by quoting
section I OF our resident agency act:
at, they, or he have not now, and will
not directly or indirectly, by way OF rein
surance or otherwise writc any fire insur-
ance upon any property situated In this
stated in whole or in part, except under a
policy which shall be regularly issued and
- H. 1a-aIly ntfhnr-
lied agent, resident within the county or
state where such property insured or to be
INSURED is situated. such agent having been
duly licensed by the state insurance com
missioner
Calling special attention TO the words
in parentheses in the above quotation, the
statute seems to be plain. l might add that
the question submitted to this department
upon which The decision referred to In your
letter was made was decided upon the
statute as 1t reads. The title, however,
would seem to contemplate the enactment
of a statute simply requiring the issuing
agent to be a resident OF the state. Inc
title reads as follows:
Resident Agency Act-(House Roll No.
1s7.)-An act to provide that all fire insur-
ance policies written and covering in whole
or in part upon property within the state
of Nebraska shall be written, countersigned
and issued only by a duly authorized officer
or agent Of such company, corporation, as
ISOLATION, partnership, or person, resident
Of the state OF Nebraska
"a court may hald that the act Is broader
or narrower than It's title. But this execu-
tive department will not take upon itself
TO decide the resident agency act or any
portion thereof to be unconstitutional. The
law, as interpreted, applies to r%etnsur-
ance.
CAPTAIN Palmer of Omaha, an insurance
rater, has applied to this department for a
rehearing upon Its former decision, and his
application has been granted. Notice of the
date of rehearing will be given and pub
lished, at which time and place you can
appear and be heard, II you see At"
Supreme Court Cases,
Following is a list of cases that win be
called for hearing in supreme court Sep
TENDER 10. 1899:
Arlington State Bank VS.. Paulsen, Doug
las; Chicago, Burlington & Quincy railroad
company VS.. First National Bank, Omaha,
Douglas; Vanhousen vs.. Broehl. York; Cary
VS.. Kearney National Bank, Buffalo; Meyers
vs.. Smith, Richardson; State VS.. Omaha
National Bank, Douglas; Bowman VS.,
Omaha, Douglas; Hayden VS.. Frederickson
Douglas: First National Bank, Chadron. VS.
IO0tTe, Dawes, NduCh w. ploWh, NV
oils; Baker VS., State, Lancaster; Scott VS.
Flowers, Lancaster; Hudock VS.. State
Douglas; Brady vs. Chicago st. Paul, Min
neapolis & Omaha railroad company
Madison; Norfolk Beet Sugar company VS.
Hight, Madison; Nebraska Savings and
Exchange Bank vs.. Brewster, Douglas
Meyers VS.. Smith, Richardson; Downing VS.
Lewis, Buffalo; George vs. State, Cherry
Fleck VS.. State, Douglas.
Governor Poynter today accepted an in
~yitation to preside over one days deliber
atlous OF the conference on combinations
and trusts at Chicago. The Nebraska dele
gates to this conference, which meets Sep
tember 10 to 16 inclusive, are w. V. Allen
Edward Rosewater, Lorenzo Crounse, w. j
Bryan, A. II. Nipple, Frank Ransom and r
d. Sutherland.
The Fairbury Telephone company filed
articles Of incorporation with the secretary
of state today, The capital stock OF this
company is 81, 900 and the incorporators are
Charles b. Letton, John Heasty, Andrew
Lindell, Edward c. Hansen and l.. w
Goodridge.
The board OF public lands and buildings
this afternoon accepted the plans submitted
nv ]. w. Craddock of this city for the hos
pital building for the Soldiers and Sailor,
Home at Grand Island. The appropriation
for this building is $l2, 1000.