The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1909-07-02
State Senator FIOurnOy
OnThe6OYunOr'S Veto
- Gives Strong Argument b Defense
Of BIS Position On The Fire
Insurance Bil Whlch The
Governor DlsprCV1d.

known % the Fire Insurance Bill, with
Tie disprogal Of the Governor; Senator
Flou noy, Of the Third. made a strong
speech 10 favor Of its passage over the
veto, which was ordered spread on the
Jour ial. and IL as follows:
Mr.. President:
The subject before us is the message
from the Governor IN which he took the
opportunity 10 veto Senate BIN No 10,
which le q companion bill 70 the law 81
1889 and has nor its purpose the destruc-
zion % a system Of imposition on the
part q Insurance. companies over the
are seeking indemnity against loss by
ere. and not against loss by or from de-
fective title, The reason for the Bill -
not only based firmly IN reason and JUS
tee. but also Is a public necessity, that
deslgning agents and companies may not
continue 90 practice such fraudulent ac-
lion. which r. 80 In effect II not In pur-
Mr.. President take this view Of the
Insurance measure. We VIII take the Sen
ate Journal Of the 21st page Is. Listen,
lt IN said on the part OF the insurance
company that this, should e become a
aW, Will open the door 20 fraud, Il ~
said on the part Of individuals that that
cannot be founded upon the analysis OF
the law or on facts, and / viii endeavor
20 sustain the latter's contention.
NNEnUMAEN
Insurance company doing business IN this
State, IN the absence Of fraud. mis-
representation and deceit, or either, upon
tho part OF the party insuring, shall be
allowed 70 set 40 as a defense 20 avoid
the payment Of a policy, that title 70 the
property has changed subsequent 10 the
injured, but shall be held to pay such
might be al tbf time OF the issuing OF
the policy, Provided this shall nos apply
where the title and ownership TO the
Issuing OF the policy unless notice OF
such change Of title and ownership shall
b. given 20 the company insuring or It's
agent, before loss Provided further, that
this act does not prevent companies from
clncelllng their policies at any time be-
fore loss. upon refunding uuearned pre-
minm."
Nov, Mr. President. there IL a pro-
vision IN this proposed law that simply
precludes the right Of ,ne insurance COM
pany 70 st In It's office quietly and Sc
renew year after year and accept the
neenlum % the policy from the nom
- Individual because the latter
that he was taxi
and nothing
urs, some At
be records ana
BIZ a witness or
tLal a bond for title
IN which thtta Conditional own
erahlp IN the party uisUred. Just here.
want 20 call YOUR attention to the charge
e siSsn ~ sSe Jury am told, said a.
.''Sentlemen OF the Jury. 7 want you 10
Inspect this policy. you VIII ind written
ihs tSg n tssss Pes re T Tsat p1y
written IN large tyne. don't forget that
But. gentlemen Of the Jury. / want you
% notice that after that there are writ.
FORGET that. that they won't pay this de-
PENDANT one cent: therefore, ] want to
pal your attention again, gentlemen Of
ype." We see that this policy IN framed
. the insurance cOmpany's oifice, by In
pirance company's lawyers. and u ~
he court. 10 put In that policy what they
please, and make Il what they please.
I'D the great text writer. Mr.. May. says
al policy r. 10 limit the scope ana 10
bfoat the purpose OF the contract and
bat IN exactly what o. done IN this con-
o defeat the purpose OF the contract
ught 20 be Of the insurance company
I'd they say u Is, to pay the policy; TIE
ured. Mr.. President % 90 pay n pre-
blum and 90 secure indemnity Yet that
urpose o. defeated; when the insured
SKIS for 3 policy, and the insurance COM
any. without question and without REP
'aentatlOu on the part % the Insured,
aues the latter the policy. and often
but ~ kept IN the insurance agents safe
et when q 1Te occurs, here comes the
Question Of bond for title or . life estate
% the date 81 the issuance % the policy
bond for title 20 avoid the expense o.
FORECLOSURE and 20 retain the legal title.
put when the IRE occurs the party linda
~ e says IN this fine type near tine
bottom. that this policy shall BE- for va
1ci'H reas0ne void. and one % these a.
q. O. ~. Now, MI President, ask
b al fairness, Why o. that provision pus
D this poliley7 This policy shall b vold
of n number % reasons expressed IN the
II lines, one II which q. II the interest
the insured r. not that % n sole and
snt. that the time 90 investigate tilie
d property q when the insurance O
aken, when the policy u taken out. ~
da title % the properly ~ not IN the
1afty AZ the time % the acceptance %
y premium the party ought % be pre-.
- policy from iasusnr Il ana from fak-
~ tho premium. ~ the policy iH volu 90
- slime 81 the IRE hecause thtrg n no
az ln che insured then e the time 81
BE- Issuance u waa void. u the lnsur.
nee company acceDtea that without
f4ge eaid and a. eafd ~ TIE Supreme
oulA q Indiana says, d O. nothing more
~ than q false pretenae, lmposlnG
1rI tire insured. Imposing upon hlf
8ndence. ana puttlng = clause IN there
hat q - y not tns so,e ana uncon-
TSit aoout fairness. Yesterday voted
o. Ire railroad arm and corporation prop
nfllfan. am ,tefo Zoe iha purpose 81
bt'un FAIR % railroad conpaniea, % M
aal4ncs eeFpan,ts a1d lnelyieea.s. aae
~. ~. llt n lliefu - eny1hia1 ugg1l