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

dltiona. Il would rather Mr.. President
you would hold me up IN the rcad, and
ne such a policy when / ask indemnity
which contains numerous provisions IN
4 20 defeat that purpose. Let us take an
Oh az insurance COMPANY 81 North
America against the Citizens Insurance.
Company Of Missouri 50 So. f95. end q
number OF others The following pro-
visions In 9 policy Of IRE insurance e
material valid and binding on the par
ties 20 the contract: This entire policy,
unless otherwise provided BY agreement
Endorsed hefoOn or added hereto, shall
be- void. II the Interest OF the insured
be other than unconditional ana sole
ownership, Now, Mr.. President. I am
not going % read this az length, but
csion contains. handed down by Justice
Taylor OF this court. Here was a COM
pany In which 100000 had been paid
for titIe e executed That was the condition
OF the title az the time q the Issuance OF
the policy and for sometime that con-
dltion. existed The premiums were ae-
oepted by the cOmpan~ without any rep
reseutation on the part OF the Insured
or any question: asked on the part OF
the insurer; yet when fire occurs here
comes the defense written out IN long
plea that. AT the time OF the issuance
Of ,the policy the insured was not the sole
and unconditional owner" Who OF you,
Mr. President, and Gentlemen Of the SEN
ate, could say that IN the slightest man
ner the execution Of that bond for title
had anything 60 do with the risk on the
part OF the insurer, or who can say that
that condition OF the title ever entered
into the consideration OF the parties at
the time OF the issuance Of the contract
and an OF you lawyers and Oilers, know
that no contract ought to be binding un-
less with the consent OF the parties 20
every provision OF that contract az the
time Of entering into lt. This is one among
the many examples, where Ike the poor
fellow In Jacksonville lost his insurance,
simply because he had given his bond
for title and accepted 100000 OF the
purchase money Every lawyer and every
one here would donbtless a. nrst lm i =
proper man - issue the policy TO and 70
let Il remain is the one who holds the
bond for title and not the one 20 whom
the title, Is given; But the supreme Court
policy should be issued. n the party TO
whom bond for title Is given. As ] say,
that Is one OF many. l VIII read you one
decision from the Supreme Court Of In
diana. That Court says, no matter what
may be the construction Of other courts,
we VIII not give our consent 20 a. As
said the other LAY. the Supreme Court or
Indiana h not IN harmony with this court
or other courts OF our sister States. but
the Supreme Court OF Indiana r. In har-
mOny with equity, justice and good con-
science, whatever and wherever may be
the position Of other courts. North
eastern Reporter, rs, Page 90b.l Where
a standard Ere policy was issued on an
oral application, without any representa-
extent OF his title, insurer thereby waived
a clause providing for forfeiture Ia case
insuned's Interest was other than uncon-
ditional and sole ownership In fee. Now.
Mr. President. explaining that n you Ia
sued n policy and did not ask insured
anything about his title, he has rea-
sonable cause and right 20 presume either
that YOU have other advice yourself or
that YOU care nothing about the defects
IN the title. Where defendant insured
certain property In which the Insured
had only n life estate such life estate was
the only interest covered by the policy,
and the value Of the property destroyed
bv IRE, when tested by such Interest was
the measure ~ the insurerer's liability
clsiOn. eNcent tust a few pointed para
graphs. This Insurance company Mr.
President. set gp IN this defense that
the policy and paid the premium, was
simply the owner OF lie estate and
not the owner In fee simple Mr., Presi-
Of THIS Senate and honestly ask this Sen
ate 90 fail 20 pass this measure over the
Governors vetol To stand up and set up
that kind Of defense r. Of once playing
strict construction Of the clause IL b by
some courts authorized That the party
Insured was simply the owner 81 "a life
estate and YVES not the owner Ca fee
assumed by the insured. and nowhere
r. there an offer by the insured a. re-
quircd IN equity and good conscience, 20
as premium year after year without con-
FiderntiOn, because the condition was
known only 90 the insurer who had Inn
,, 1I s,,speetinq Insured Cthls Il mis-,
homer for. be r. not insured. but I will
use Il 20 refer 60 the one who ~ seeking
and who THINKS he isl by issuing policy
scope and absolutely defeat the purpose
q the insured. You say u o. right % pre-
vent n railroad company from putting
lte clauses and condition IN tickets and
bills 81 lading 10 avoid liability, yet you
WIN permit a worse thing and action BY
the insurance company ~ letting : hedge
itself IN By one hundred and fourteen.
lines Of conditions which not only were
not known 20 the Insured but which
woyid have been waived n he had known
then. ANY company would have Insured
or or when there was bot one witness 10
the de- a. saH readily az for fee simple
title. A it's wrong for the railroad com
psny' W or, t9r tns ,ns1rsnss en- ~
read the policy they would waive the de-
feet Of title, while 81 he did not fead ~,
md rot one IN thousand 90, IN case %
and cunhing-inaerted would leave the
ayment OF lie policy 20 their discretion
This n 20 once. Mr.. PRECEDENT an awful
90 be stolen from tbs people o. Florida.
Ia tne determination Whether4-4 am
Qpoling from page 80. 10 Northeastern;
In deteTmlning WHISTLER there has been
look tno fact that tnNurance policies are
prepared ~ the company for geuerul use
without reference O. particular cases. and
Itinula lions cDucerulnT different au1lecta
The c1ntracf is not IKE ordinary con-
tracts between indiFi0uala wherein every
clause and stipulation n considered and
lgreed uuou By the parties before the
agreement q executed. a goiicy q inaur-