The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-01-02
Tangled Case Finally Settled.

| OF various persons to insurance money
belonging 10 holders OF policies who lost
their lives as result OF the burning of
The steamboat General Slocum in the
East river, New York. over six years ago.
! The first case TO reach the appellate di-
vision OF the supreme court Is the suit of
Harry Dunn. as administrator OF the es-
tate OF julia Dunn 10 recover $1,000 from
the New Amsterdam Casualty company
The court reversed lower court de-
cislon, dismissing the case, and ordered
a trial The policy was one OF accident
der It's terms Ii no beneficiary was named
The $1,000 was 10 go 10 the legal reprcsen
tatiVes OF the assured, The assureds
SSs,eT Mary aaSenhuGer was nan named noa as
ished in the Slocum disaster. as a result
oil which 1t is impossible to determine ihe
question whether the beneficiary sur sur
ing tho majority appellate division de-
cision says that in the case OF the death
Of TWO or more persons in common dis
aStcr. there is no presumption or sur
NiFor or simultaneous death. He says
u is obvious that the policy was not
taken out Tor the benefit of the heirs OF
the beneficiary named, and upon its lace
the policy was procured for the benefit
first, OF the assurcd's sister and second,
assureds estate or next OF KIN. IN lhe
event OF the bcncfciarys prior death the
policy was payable TO the legal rcprcsen-
! tativcs Of the assured. The insurance
company protested payment to any one
on the ground that tho policy INSURED a
person agains, injuries sustained while
riding as passenger in railroad car.
| steamboat or other public conveyance.
, provided by "a common carrier for pass
/ enecr service only. The General S!ocum
| had been chartered Tor the day by
! church organization and the Insurance
company contends that the chartered yes
| sci did no, come under the terms OF the
policy. The court decides that while
| the steamboat was especially chnrteron
! by an excursion party II was passenger
boat. Jutce Iaughlin. who disscnis. SAYS
the plaintiff is not entitled 10 recover
/ without proving that the beneficiary dIed
prior 10 the death OF the insured. IN.
| majority opinion. however. holds that
since the representatives OF the bench
! ciary arc unable 10 prove that she sur
riyed. tho proceeds OF the. policy lnmst M
| go To the plaintiff who is suing under the
policy Itself and mot under a survivor
ship.
Have No Right to Complain.
The increase in rates on the old fourth
class members of the insurance depart
mcnt OF the knights of Pythias went into
| effect January J. This class ihciunG"
those previously referred 10 IN these COZ, &
| MIA class based OH adequate rates anu
| has naturally suffered from adverse Sc
! lection. The mortality rate is. OF course
! high, rs "A large proportion OF INC re
naming members arc of advanced age
! or impaired health. and the new rates
reflect this condition. One splendid Tea
ture 81 the change Or transfer rs the
number of options given the, members.
s. II. Woofe the New York actuary.
|
on record saving that they vii he ade-
! puatc and what is more VIII require
no increas" in the future. As is nat
! yrally TO bo expected where rates OF the
older members undergo sharp advances.
! numerous protests have been filed and
in New York memehr has asked the
proceedings. There seems little likel-
hood of thus. however. as the NTH class
IS known 10 have surplus OF over
g.. n0O. .o0n aud was able TO omit y monthly
. |
class where the only trouble exists. can
levy special assessments whenever nee
essary TO meet increased death claims.
II still has surplus on hand and until
this Is exhausted. and members are un-
able to colec, their death claims. there
seems To be no reasonable excuse for n
receiverShip under the assessment plan
Of insurance. The officers OF the order
insist that the members OF the fourth
class have no right 10 complain since
they were given every opportunity TO
transfer to the adequate rate-ffth class
without further medical examination.
have been getting their insurnnce-the
protection. a least-for years at less than
cost. and are merely asked under the
new plan 10 pay the rates actually re
quired 10 meet their obligations.
Expert Fire Underwater.
George u. Markham of st Louis is re-
garded by many the best all-around
insurance man in the United States
When the insurance investigation COM
mission announced its readiness for the
beginning OF hostiIties In New York re-
Gently II was "A foregone conclusion that
the Hon. George as he Is referred 10
by his friends. would be among the first
Of tho witnesses summoned. Tho grand
inquisitorS ltIt him on the stand last
week and, like the irresponsible Sam
Weller in the Pckwicl Papers he was
70 Chairman Merritts question as to
how he justified a combination Of fire
insurance. Mr.. Markham Illustrated his
point thus: II once had a friend who
raised bulldogs in his ba ok yard for fun.
noticed that when his pups were small
and got into "A fight he would stand In
reached their growth and got into fight
he had TO get busy and stop II or he lost
his dogs" He then pointed out the
panies were small years ago ne said
land purely local in character. compe
tition was lively and healthy and rate
I and commission wars did not work much
harm. Now that the business has be-
come interstate In character and vast In
extent. rate and commission war would
impair the soundness of the insurance
And soundness is of vastly more inpor-
tance than raising or lowering rates"
Insurance Notes.
The late United states Senator John
r. Dollivcr died comparatively "A poor
man. His estate consisted Of small prop
| crty holdings and only $4,000 OF life in
surance,
Plans tor a banquet about the latter
part OF January arc being made by the
, | state Association OF Life Underwriters.
The guest Of honor is expected TO be Fl.
J. Powell, president of the national as
ISOLATION.
The Association of Life Insurance
Presidents passed resolution at tho
recent Chicago conference calling for a
reasonable and uniform scheme of taxa
tion on premium receipts of insurance
companies in all the states. The gov
ernur of each state will be appealed to.
The annual meeting and banquet of
| the local fire board will take place Mt
the new Commercial club building on
, Saturday, January /.
c. +. Kutnewsley. agency supervisor
|, | of the Equitable Life Assurance society
= In this city, attended the recent conven-
ton of company agents at San Frnu-
!, cisco along with Agency Manager II. A
, | Kicker.
The late Chicago Fire Chief James Ho-