The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-08-17

| and demand that the courts of Gel
! many shall recognize the Judgment
| obtained or TO proceed to Germany i
the first instance, and test the iustic
OF the judicial tribunals of the Father
| land. In either case the way must b
| long and costly, even if by the organ
| ization of a policy holders CORPORA iol
+, it, Will be possible to distribute tn
| legal expenses per capita among tn
| loss claimants.
| The Transatlantic is an old estab
lished corporation. Its Pacific Coas
( agency in San Francisco has existed
upwards of thirty years, and all its
obligations here were met so promptly
and its customers treated with such
old-fashioned courtesy that it was not
at all difficult for its agents to write
business. AS result when the catas-
trophe OF last April descended upon
San Francisco the Transatlantic was
recorded among the companies most
seriously hurt. 1t was regarded as
doubtful that the assets would be suf-
ficient to pay claims dollar for dollar
without an assessment upon the stock.
But that the Transatlantic would at
tempt to evade it's responsibilities by
denying liability was not even dreamed
Of
1t was a shock. then, to the then
Pacific Coast agent, ". c. Driffield,
when shortly after the confagration
he received communication from his
home office in Hamburg to the effect
that as the confiagration had been
caused by an irresistible calamity such
as in marine insurance is described as
the "act of Cod the directors as
sured the company was not liable.
Agent Driffield at once consulted the
attorney here, w. S. Good
fellow, who advised the directors that
their position was untenable and that
the company must pay its losses. The
company paid no attention to this
counsel, but sent out a representative
from Hamburg, DR.. Goessler. To the
advices of Attorney Goodfellow and
Agent Driffield, DR.. Goessler added his
own, as soon as he had realized the
but still the home office re-
fused to acquiesce. Then came cabled
Instructions to the agent to close all
business on the Coast. Driffield re-
signed and G.. Harold Ward reigned in
MS stead in the company's offices, while
DR.. Goessler occupied his time in send
ng fruitless letters and cablegrams to-l
Europe.
Finally came a dispatch from Ham
1urg stating that a communication was
IN it's way to San Francisco per reg
stored mail This letter was anxious |
y awaited. 1t came late, but it came, |
md the gist of it lies in the statement |
ssued.
BRITISH COMPANIES QUIBBLE.
After keeping their policy holders
n suspense for fourteen weeks, during
III Il.
my statement whatever, the CONNER
ial Union, Palatine, Alliance and Nor
vich Union, commonly known as the
British earthquake" companies, yes
erday issued a manifesto purporting
o define their position.
An official statement was sent forth
rom the offices of the companies At
orney, T. C. Van Ness. 1t appears in
ull extent, as an advertisement, else
there, in these columns.
The gist of it is that while the COM
anies are satisfied, both from the
pinion of their legal adviser and the
made by their repfesen-
atives sent out from London for the
urpose, they do not owe their policy
olders a dollar, they will, neverthe-
,ss recognize a number of claims.
ey, with all an attorneys skill, but
states some definite points. The
recognize that there are ,
ases in which there is no question as
, their legal liability, and these they
fer to pay in full upon adjustment.
ut in all cases, and they enumerateI
sveral in which they perceive an OPP /.
to make their earthquake
<emption provisions stick, they won't /
ay anything
In word, they viii pay just what
ley realize they would otherwise be 4
reed to pay, and no more. They will l
ace fires back to their origin and /
ley will take into account conditions 1
5 they We're in various sections of the l
ty, both as to earthquake damage
nd lack of water supply but where
ley are compelled to recognize a gem
ne fire loss as such. they will not
,ntest the claim.
The statement is authorized by E.
oyer Owen. general manager of the
Union and Palatine Doug
s Owen, secretary of the Alliance,
Id w. P. Abel, foreign superintendent |
the Norwich Union.