The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-28
FLAT mo" TO UNTERMYER.
EIST or POLTCYHOLDERS TO BIZ
KEPT SECRET.

Counsel for the New York IAfe Refuses to
Make Public q Copy. Alleging That y
Large Number OF the P~OIicyhoIderS
Object 10 the Nafhea Being Given Out.
James II. Mcintosh. counsel for the New
York Life Insurance Company has answered
Samuel Untermyer's letter to President
Orr asking that the international policy
holders committee be furnished with u
copy OF the list OF p~olicyholders prior to
July IL, the date on which the Armstrong
committee laws provide that the lists shall
he filed in Albany. The company fatty
refuses to comply with Mr.. Untermyer's
request.
ITO do more than comply with this law"
says Mr.. Mcintosh, would I've as %nnjusti-
fable as to fall short OF fully complying
with 1t, for the law enforces the disclosure
Of confidential contract relations without
the consent Of the policyholders and against
the will Of u very large number OF them,
the company justifying itself because it IL
30 nominated In the law. This ground OF
Justification, however, would be unavailing
II the company voluntarily did more than
the law requires.
"These policyholders claim, and rightly
claim, that the relations bet ween them
and the company are confidential, and
they demand that this confidence be re-
spected. Some Of them demand this on
account of their family relations; some
for financial reasons; others because OF
natural seoretiveness, and the like. What
ever their motives, however, th"" are
within their rights. These rights the
courts recognize and respect
Mr.. Mcintosh quotes a decision by the
Appellate Division In which 1t refused re-
Gently to sustain an opinion compelling the
New York Life to give a policyholder access
to the o%ompany's llst. He also quotes Nhe
opinion of q commission appointed by the
Governor Of Massachusetts, In 1905 against
making public the names Of policyholders.
II the company went ahead and gave the
list az requested it would, Mr.. Mcintosh
Gays, lay itself open to the charge Of will
fully violating the confidential relations
between the company and It's policy holders.
II the company furnished the list to the
International committee there would be 10
reason for it's refusing other committees or
individuals.
Furthermore, If the Armstrong COM
mittee had adopted the suggestions offered
by Mr.. Mcintosh himself and which were
opposed by Mr.. Untermyer there would be
no reason now " ny Mr.. Untermyer should
fear that he wouldn't have time to have the
lists copied @after they are nled on July, le:
Mr.. MoIntosh's suggestion was hat a bill
should be passed compelling the mutual
companies upon the request OF any hundred
policyholders to mail to ~policyholders any
communication desired.
you insisted Upon the law in It's present
FORM says the New York Life lawyer,
regardless of the interests of the com
pany or the rights OF the policyholders, and
the Legislature gave you you
wanted. You ought to be satisfied, there
fore, IL this company strictly observes the
law which you favored and did your best to
induce the Legislature to pass.
At a meeting Of the Mutual Life Insurance
Company trustees yesterday the final
report OF the Truesdale committee was sub
mitted. 1t was not made public. The
designations of Robert Olyphant, James c..
Holden and Charles E. Miller from the board
were accepted.
Robert Fl. McCurdy will sail on Thursday
for France to join his father, Richard A.
McCurdy.