The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-10-27
Long Communication is Sent to Every
Agent in the City Showing the Opin-
ion of the Attorney General on In
surance Laws.


the commissioner says:
Numerous complaints of the solici-
tation of unauthorized insurance by
mail led to- the submission by this de-
partment to the Attorney General of
the following question::
An agent residing outside of this
state, of d life insurance company not
licensed to do business in this state,
transmits by mail to a citizen and res
ident of this state, a letter soliciting
him to take out policy of life in
surance in such unauthorized company.
The person so solicited, makes appli-
cation for a policy and goes outside
of the state for his medical examina-
ton. Afterwards, the policy is mailed
from out the state to the insured at
his place Of residence in this state, and
his check is returned to the agent in
payment of the premium.
Is the letter soliciting the taking of
the life insurance violation by the
agent of the company, or both, of Sec
tions 1876 and 1878 and other sections
of the statutes, and if so, what pro
ceedings can be had against such agent
or company?"
In reply the attorney general calls
attention to the following statutes:
Section 1916 provides that no person
shall act or aid in any manner, in tran
sacting the business Of or with any
insurance corporation Of any kind in
placing risks or in collecting any prem
iums or assessments or effecting any
business therein without a certificate
of authority showing that the corpora
tion is licensed to do business in this
state.
Section 1878 provides that no corpor-
alton or individual shall do any bust
ness of insurance of any kind in this
state or with any resident of this state
except according to the conditions and
restrictions Of these statutes.
Section 1915 provides that:
mo life insurance company what
ever shall do any business in, this state
nor shall any person act as agent or
otherwise within this state in receiv-
Ing or procuring applications for life
Insurance or in any manner aid in tran
sacting such business for any such
corporation until it shall have first pro-
cured license" etc.
He then calls attention to the Ian
guage of Mr.. Justice Winslow in the
case of Rose VS. Kimberly, SO Wis. 545,
constituting similar language in section
1915:
''The object of this statute is so
plain that it cannot be mistaken. It
is to protect our citizens against ire
sponsible and worthless foreign com
panies of the very kind which we have
now before us. The evil to be corrected
is not the writing of policy by an M
licensed company within this state
alone, but the writing Of such a policy
at all. Bearing in mind the object Of
the statute and the evil to be corrected.
it is very plain that the object will be
largely defeated and the evil will flour
ish as before if it be held that com
panies without license can establish
their agencies just outside of the state
line and conduct their business by
MALL
The language of Mr.. Justice Barnes
in State VS.. Columbian National Life
Insurance Company, al, Wis. 557, is
also quoted, namely:
'In my opinion the means or meth
DDS adopted for soliciting insurance or
of transaeting the business are imma-
terial. Such acts may be and FREQUENT
ly are done in various other ways than
by personal solicitation or transaction,
as by phone, by telegraph or by letter.
Section 1878 prohibits the doing of in
surance Of any kind in this state or
with any resident of this state !, except
by duly licensed companies and agents =
He then cites U. S. VS.. Thayer, 209
U. S. SO, and other federal cases, and
Rose V. State, (Ga.), 62N S. E. l23,
showing that state may punish for a
crime consummated through the mails
and that in case of solicitation by mail
the offense is committed at the time and
place Of the delivery of the letters.
The attorney general then adds,
In my opinion the acts enumerated
in your statement of facts, upon the
receipt of the letter in this state, con
stitute a violation of section 1878 and
of section 1947-5, by both the offend
ing company and It's agents engaged in
such acts, the penalty for such offenses
being that prescribed by section 1850
- which is snforcible through Grim