The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-07-25
Earthquake Plea Is Set
Up to Evade Liabilities
That Total $1,758,OOO
POLICY-HOLDERS
TO BE NOTIFIED
Vienna Corporation Tries
to Wipe Out Debts by
Simply Mailing Notice

IN ~ cies in San Francisco of the
IlV Austrian Phoenix Royal Impe-
rial Privileged Insurance Conn
pany of Vienna Will be notified for
mally today that they cannot get one
dollar without fighting for it In court.
The attorneys of the company In
Vienna have Instructed the representa-
tives of the company in San Francisco
to give notice that they consider every
claim fled against the company invalid,
earthquake
This is the most wholesale turning
down of claims that has been made in
San Francisco since the fire. The
amount of all claims that have been
fiIed, with proofs of loss, TO date, I'm the
Offices of the Austrian Phoenix Insur-
ance Company in san Francisco and
Oakland is sI,55s,000 in round figures.
Not one dollar of that do the directors
of the company, acting under the in
structions of their lawyers, intend to
pay.
The claims department of the Aus
trian Phoenix is at 1851 Post street. All
day yesterday stenographers were busy
getting out hundreds of copies of no
| tice that will be put in the mails this
morning. 1t bears at the top the name
of the Austrian Phoenix of Vienna and
at the bottom those of w. Witt, dele
/ gate, and William Kelday, "adjuster"
of the company in this city.
Wits desfgna ton is intelligible as
the representatives of Austrian COM
panies abroad are styled delegates, but
Kelday's title of ''adjuster" is purely
playful in the present connection, be-
cause there are adjustments to be
made, unless the -blooded turning
down of all claims may be called an
adjustment" in Vienna.
The notice to policy holders is as fol-
lows:
"san Francisco, Cal, July 25, 1905.
To the Claimants of the Austrian
Phoenix Royal Imperial Privileged In
surance Company of Vienna, Austria;
We wish to convey to you the instruc-
tions received from the home office of
this company at Vienna, Austria, viz:
That all claims which have been filed
against this company by reason of the
earthquake which occurred ON the
morning of April Is, 1906, are invalid,
as all policies of the company became
null and void by said earthquake, as
the same was wholly responsible for
the confiagration that followed.
.sW. WITT, Delegate.
.sWILLIAM KELDAY, Adjuster."
INVITED INTO COURT.
When a reporter for The Call visited
the headquarters of the Austrian Phoe-
nix yesterday, Mr.. Kelday was present
and answered all questions freely.
What course must the policy-hold-
ers take to get the money that they
claim by reason of their contracts with
the Austrian Phoenix Insurance Com
pany?" was asked.
They will have to take their cases
into court was the reply. The de-
cision of the officers of the company in
Vienna is made. They will not pay un-
less they are compelled to. They are
acting under advice of their lawyers
and will undoubtedly stand by the
decision that they have reached
How much money is represented by
the policies of the Austrian Phoenix in
San Francisco" was another question.
In round figures, s1,75S.000. The
claims have been put in with few ex-
ceptions. This is known because the
company saved most of it's books and
records in San Francisco
What ground is taken for denying
payment on all claims in San Fran
cisco?''
The language of the notice that will
go out tomorrow is as plain a reason
as can be given. The company says
that the earthquake was wholly re-
sponsible, and that is all we know
about it here. We have.>aotfiing to do
with making decision. We simply
Eouxfuuad pu1e 2 CoIxxrr.r