The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1909-07-02

Wua az nn material" Again / say, MI
President, that t4e proposed law says
ton or deceit" I Wil not ask any sona-
/ tor on tEia uoor % protect any one,
whether Individual OF corporation, In any
fraud, Misrepresentation or deceit still
az the same time am anxious and
want % protect and be impartial "a
Imposition can not Be placed upon The
people OF this State BY the Insurance.
company. who desire 70 and have FOR
Their purnose ne occurring Of indemnity
company. THE preparation and issuance
% the policy Is the act OF the. company.
and ~ Ing pursuance o. a previous agree
ment u issues end delivers policy pur-
porting 20 cover loss or damage by ere,
and accepts and receives the money Of
the insured, without making any inquiry
Of the party as % the membranes, or
without advising him % its effect on his
contract OF insurance, it d receiving
and accepting bis money under circum-
stances precisely ike false pretenses: II
and never. IN fact, had any force or valid
ity, because Of n provision inserted there
IN by Il without the knowledge OF the
assured, rendering a void n the property
Is encumbered. ~ such a case the COM
pany would not only WrOnRfully receive
and accent the money 81 the insured. but
his property was Insured, when, In fact,
Il was not; thus ooceiving a party hon
estly seeking and Elying for insurance.
Wood, IN the sectioE OF MS work above
when n policy "a Issued upon a verbal
application without any representation In
reference thereto. Ell information rela-
tive TO the risk, except such as Is usual
anu extraordinary, o. waived. and the
policy o. valid, even though u contains
clause or stipulation that the insured
IN the application for ....s insurance con.
tain a Just, full and true exposition OF all
facts and circumstances IN respect 10
the condition, situation value and risk
policy Processes 10 be made on the faith
or representations made by the insured
yet Il "a valid, when no representations
whatever were made IN reference Co the
risk and the lack thereof Is not a matter
Of defense. The insurer cannot charge
the assured with laches, induced by IT,
OF Insurance, pages 1880 and 1881. the
author says. III an Insurance company
issue a policy OF insurance without any
application, or without representations IN
regard 20 certain facts, the company Or
presumed 20 have written the policy on
its own knoWieoge and cannot complain
after loss that such facts were not cor
rectly stated On the policy or disclosed by
the insured Analogous 20 the rule stated
a. another one 10 the effect that though
the policy. by It's terms. requires the
disclosure % all material facts, yet n the
insurer issues Il on an oral request or
application, and makes no Inquiry Ia re-
gar 20 matters covered by certain con-
u.t,ons In the policy, as, for instance, t.Ae
or encumbFances. it viii be assumed that
the insurer valves knowledge az 10 such
facts"
Mr.. President, there are a number Of
like cases without reading from the
books / desire 90 refer 10 a case handed
down By the Supreme Court Of New York.
which was a question between partners.
Insurance was issued 10 n partnership,
one partner sold 20 the other and moved
his stock across the street, and the priv
llege Of moving was endorsed on the
policy. so FAR as the parties were con-
cerned they had as soon endorse the poll
icy for one as for the other Yet. Mr..
President. when the IRE occurred they
said, Notwithstanding, eff consent 20
the moving after the sale, IN setting up
their defense. Ia thaat case, not that
he had moved the stock, but that he WIS
not the sole and unconditional owner Of
the property al the time the policy was
issued. What could be more unjust ur
more reprehenslbe and yicioua2 / might
continue 10 cite these references, but I
believe ~ 20 be unnecessary. / believe In
the mind OF every Senator on this floor
the question has been sufficiently de-
llneated and explained A. N said IN sub
stance By Justice Field, OF tht Supreme
Court OF the United States that the
party who Is seeking indemnity, and who
has for his purpose the securing Of hon
est indemnify, ought not % be defeated.
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