The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-25
State Insurance Dept. Has
Unusual Case to Settle.
TOpekan Asked Big Price for
Quart of Old Liquor.
WHISKY WAS FORTY YEARS OLD
Insurance Company Wanted to
Settle for "Fair" Price.
Set New Legal Market Value for
His Product.

In these Volsteadian days, these
piping days of drouth, it is no uncom-
mon thing to hear one unregenerate
ask another, what would you give
for a. shot of whisky right now?" The
answer usually is absurd in its eXag-
seration, but it indicates that consid-
cradle value is attached to alcoholic
beverages in the state of Kansas Just
the same.
When a Topeka insurance man lost
a quart of Henry Clay Bowen whisky,
forty years old, he set a price on 1t
which compared very closely to the
ordinary bootleg" price scala. The
insurance man believes in practicing
what he breaches, for he had the
contents of his home insured against
theft.
But a colored woman was employed
by the insurance mans wife to help
Siean house. She cleaned with fer
yor and efficiency, the apartment in
which the whisky was stored. When
the colored woman finished her work
and disappeared, there was also miss
ing one dollar in currency and the
forty-year-old quart of Henry Clay
Bowen.
The insurance man put in a claim
against the company in which he was
q rolicy holder. Getting small salts
faction, he applied to the home office
of the company, which advised him
that the following statement had been
made by the claim division which had
investigated his claim:
1--WE are in receipt of your letter of Nov.
.. and in answer thereto we beg to state
that we have positive instructions from the
home office that they will not pay this
sured $50 per quart for this whisky, but
they will pay the assured the value Of the
m 9qer The Value i| Of sac6 9GoT n IN June
1912 is estimated at 81 per quart. and 1t
is figured that 95 per cent of the liquor on
that date cost s. or less quart. but we are
willing to allow this figure on account of
the extreme age of the whisky. You may
inform this assured, and If he desires
send our check to cover, otherwise he may
take what action he deems necessary"
Getting such cold comfort from the
insurance company, the bereaved
told his troubles to the state insurance
commissioner, who went after the
company.
Claim Was Exorbitant.
The company responded to the in
quiry of the state insurance commits
sioner, Frank L. Travis, that the claim
for hwsilky was exorbitant.
I'VE stand ready and willing to pay
the assured a fair value. which we
consider based upon pre-prohibition
prices" the company said.
The assured" would not be COM
forted for his loss, and at his request
the state superintendent of insurance
took up the case again, and was mildly
"kidded" by the insurance company.
An extract from the correspondence
which followed. reads:
THE cash value, you know, means the
market value, and incidentally, 1t means a
legal market value. Do understand you
to mean that liquor In Kansas has legal
market value? If so, am very much in
terested to know what 1t Is. We are per
fectly willing TO pay any. legal market
value that may be established for liquor
for beverage purposes
To this the state insurance commits
sioner's office had the following to
say:
1T is inconceivable to this department
that company, with the impeccable in
woke the prohibitory law in defense of a
claim nn1er policy indemnifying In
terms against the loss Of whisky
General Counsel Involved.
The general counsel of the insurance
company became involved in the con-
troversy, and sent to the attorney who
had been retained by the loser of the
Henry Clay Bowen, aged 40. the fol-
lowing letter:
1.-THE sympathy e the entire office is
unQuestionably with the people OF Kan
Eas, especially, as to conditions aptedannIg
ing your city some years ago, but DC. not
remember any particular difficulty in find
ing what is now such priceless com
modify. The sympathy Of this. office at
the present times goes out to all the peo-
lie Of the United States, and especially to
those in your immediate vicinity.
Your letter is the first real bit Of stimu-
1ating correspondence which / have had
since the effective date of the federal law.
and If IL we're possible for me to adopt your
suggestion that we replace the whisky
which was stolen. I would certainly be
glad to do it. There are two reasons, how
ever, why this is not feasible. The first
and most definite one is that of transporta-
tion. as l am sure that you would rot be
willing to consider any such commodity
I. o. b. Baltimore. The other Is the '!if-
ficulty of getting anything up to the stan
dard set by you.
Il have presented your letter to the presi-
dent of this company. and while he al.
mits that the gem Of his collection is thirty
years old, 1 am confident that ne would
rather part with the portion of his interest
in the company itself than divide this
trophy. He is willing to back the company
TO the limit from the standpoint of repu.
tation and finance, but indicates very