The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-12-22
STRANGE CLAUSE
LOST THE POLICY
WIDOW SUES FOR INSURANCE
ON HER HUSBANDS LIFE, BUT CASE
CAME TO A SUDDEN END.

Clause in Policy Stated That All
should be Paid to the Central
Office and Not to the District Man
ager-PIaintif offered to Prove
That Money Had Been Paid to
Local Agent but Defense Objected.
Without means of support, with
small infant to care for and rear, and
alone in the world, Mrs. Olive B.
Lynch, a pretty young widow, has
thus far been unable to collect the in
surance due on her husbands life. The
trouble arises from the fact that the
premiums on the policy were not paid
to the central office of the company
in New York.
The story as it has developed is a
pathetic one. The husband took out
a $1,000 policy with the Germania Life
Insurance Company of New York jan
Is, last. The first premium was paid
to Mr.. Robert ]. Warrick, the district
manager, whose headquarters are in
this city. The second premium fell due
on June Is.
When this became due, according to
the story of Mrs. Lynch, her husband
lacked small sum necessary to pay
the premium and in order to secure
this he pawned the wife's watch, there
by securing the needed IS. A few days
later Mrs. Lynch received the watch,
after paying the amount that had been
advanced on it. and claims when she
handed the agent the IS he told her
that it paid up her policy. Secure in
| this belief she felt safe and protected
in the event of her husbands death.
In October, shortly after the birth
of the child. the husband died. leav-
ing the wife without imeans of sup
port and with no property on which
to fall back. Later she sent to the
central office of the Germania COM
pany for blank certificate of proof of
death. To her surprise word came
back that her husband had not paid
the June premium and therefore no
moneys could be collected.
Brought Suit for Money.
Certain that there had been a mis-
! take somewhere the widow brought
suit against the company to recover
the amount of the policy, and the
case was called for trial yesterday in
|
! appeared for the plaintiff and Osborne
& Lawrence for the insurance COM
pany.
A jury had been drawn, the outlines
| of the case made by Judge Twiggs,
and one witness introduced, when the
case came to a sudden ending. The
| plaintiffs attorney offered to prove by
the widow that the June instalment
had been paid. To this the defense OBJ
jected and the objection was sus-
| tanned. The plaintiff then offered to
prove by Mr.. Warrick that the money
had been paid him and again an OBJ
| lection was made.
This objection was also sustained
and Immediately after Mr.. Osborne,
| one of counsel for the defense, NOV
| ed to dismiss the case on the ground
that a clause in the policy required
the premium, all save the first, to be
paid to the central Office of the COM
pany in New York and not to the
4 agent.
Suit Was Dismissed.
Judge Twiggs, for the plaintiff, ar
| gued against this ruling. He held that
the fact that the agent was allowed
| cation that all payments were to be
made to him. and If he had received
the second premium and neglected to
forward the money to the central Office
of the company, then he was at fault.
Mr.. Osborne argued for the company,
that the requirement that all pre-
miuns, save the first. should be paid
to the central office was plainly stat
ed, and that failure to do so was
equivalent to failure to pay, and there
fore the plaintiff had no case. Judge
Cam ruled in favor Of the conten-
lions of the insurance company.
Judge Twiggs at once asked that the
case be dismissed. A rule to this eff
feet was taken, thus shutting off a
| non-suit, and allowing the case to be
brought again in a different form. Just
what action will be taken cannot be
stated, but it is certain a second case
| will be brought.