stated that action was contemplated with reference to the repeal of valued-policy laws.

The committee on Lighting, Heating, and Patents, consisting of Messrs. John H. Washburn, chairman; W. H. Crolius, R. J. Tatman, James Nichols, and R. Dale Benson, reported that the employment of petroleum fuel was still largely experimental, but that its use was not unduly dangerous under the following rules:

First-That only oil of a high flash test be used.

Second-That the tank containing the oil be at a safe distance from the building in which it is used, and other buildings which might be endangered by it. Third-That the oil be brought to the fire by a the oil supply and pipes be so arranged that the flower pressure of some kind, and of oil shall be away from the fire whenever the pressure is removed, and that in no case shall the oil be brought to the furnace by gravity, and also that in case of stoppage of oil supply, or of air, or of steam, all supplies shall be automatically cut of, and the oil in the pipes immediately returned to the tank.

The committee recommended the adoption of the revised rules of the New York Board of Fire Underwriters, regulating electric light equipment, which was carried subsequently during the proceedings.

Superintendent Anderson, of the New York board, was appointed a delegate to the annual convention of the National Electrical Association, the appointment being suggested by Chairman Washburn of the committee, and seconded by Mr. George L. Chase.

The Committee on Statistics, F. W. Arnold, chairman, deplored the futility of its efforts to collect the experience of companies on special subjects, owing to the unwillingness of the bulk of the companies to contribute. Blanks for electric light statistics secured returns from but twelve companies, mostly small ones. An inquiry as to the number of fires caused by inherent hazard and from exposure elicited replies from nine companies only.

On report of the committee on Adjustments, the following resolution, adopted originally in July, 1866, was reaffirmed :

Resolved, That it is inexpedient, in view of the present condition of the business of insurance companies, to pay losses otherwise than with the usual deduction for interest when paid in advance of maturity; and, in the absence of any special reason for so doing, companies are recommended not to pay before the end of sixty days from date of adjust

ment.

Messrs. George P. Sheldon of New York, James Nichols of Hartford, and John W. Smith of Brooklyn, the newly appointed inspector of fire departments, were announced as delegates from the national board to attend the convention of chief engineers of fire departments throughout the country, which was held in Detroit. [See National Association of Fire Engineers.] The appointment was made in response to a request from the secretary of the Chief Engineers' Association, Henry A. Hills, that the national board should be represented. Daniel A. Heald was re-elected president for the ensuing year; D. W. C. Skilton, vice-president; Robert B. Beath, secretary, and F. W. Arnold of Providence, Rhode Island, treasurer. Messrs. J. L. Thomson, David Eddy, and George P. Sheldon were elected members of the executive committee.

[See electric lighting, also gasoline stoves, petroleum as fuel, incendiarism, and arson adjustments.]

Fisk, Clinton B., president of the New York Accident insurance company, died July 9. Deceased was born in Livingston County, New

York, but spent his early life in Michigan. In 1858, he was made western financial manager at St. Louis of the Etna insurance company of Hartford; attained the rank of general in the army, rising from the position of a private soldier and in 1874 was made president of the Indian Commission. In 1888, he was the candidate for president on the prohibition ticket. At the time of his death he was president of the East Tennessee Land Company.

Florida: The laws of Florida designate the state treasurer, comptroller, and attorney-general as the board of insurance commissioners. No extra compensation is allowed, except a fee of $5 to the state treasurer for the license issued to each insurance company authorized to transact business in the state. F. J. Pons is the present state treasurer, and practically in charge of the business of the insurance department. Fleming, M. T., general agent of the Massachusetts Mutual Life insurance company, died at Harrisburg, August 14.

Foster, C. C., appointed secretary of the Western of Toronto, in April, succeeding James Boomer.

Fraternal Benefit Orders: The fraternal benefit orders differ from life and accident associations pure and simple in that many of them provide sums payable as "sick benefits," and many other indemnities, varying with the associations, as well as insurance against accident and loss of life.

The courts decided the following points in 1890 regarding the policies or certificates of fraternal orders:

Warranties and Applications. Errors in an application which are attributable to the agent do not affect the policy, unless the applicant assumes the risks of the acts and writings of the agent. If warranties be untrue and are formally made, the company is relieved: 2 but statements are not warranties without clear proof of intention that they should be such. Unless false statement be either material or a warranty it will not nullify a contract, and this is a question of law, when the facts are ascertained.*

3

Beneficiary. When a corporation is formed for the purpose of accumulating funds for widows and children of deceased members, no one else can be named as beneficiaries. The words "legal heirs mean "next of kin," " and these words have also been held to mean widow and children, as in harmony with purposes of organization." Word representatives," if undefined, means such person as insured designates, or in default of designation, such persons as are named by law," but "relatives" includes only blood relations. A divorced wife is entitled to no share. When the insured names his mother and he

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8

1 Peedritsky v. Sup. L. K. H. (Mich. S. C.), 43 Northwestern Rep., 373; O'Brien v. Home B. S. (N. Y. C. A.), 22 New England Rep., 954; Keystone Mut. B. S. v. Jones, 20 Atl. Rep., 195.

2 Wilkins v. Mut. Reserve Fund L. A. (N. Y. S. C.), 7 New York Sup., 589.

3 Vivar v. Supm. L. K. of P., 20 Atlantic Rep., 36.

4 Am. Mut. Aid Soc. v. Brouger (Ky. S. Ct.), 11 Ky. L. Rep., 902.

5 Britton v. Sup. Co. R. A. (N. J. Ch. C.), 18 Atl. Rep., 675; see however Bomarsh v. Supm. Sitting O. I. H. (Minn. S. C.), 44 Northwestern Rep., 12; Johnson v. Supm. L. K. H. (Ark. S. C.), 13 Southwestern Rep., 794..

Hannagan v. Ingraham (N. Y. S. C.), 8 N. Y. Sup., 232.

7 Walter v. Odd Fellows Mut. Ben. Soc. (Minn. S. C.), 44 Northwestern Rep., 57.

8 Supm. C. of O. C. F. v. Bennett (N. J. Ch. C.), 15 Atlantic Rep., 785.

Schonfield v. Turner (Tex. S. C.), 12 Southwestern Rep., 626.

afterwards marries, and his mother dies, held that the widow and not the representatives of the mother are the beneficiaries. 10 The insured has no power to control disposition of the fund as a trust for benefit of creditors." If insured, himself, takes out a policy on his life, the beneficiary need not have an insurable interest in his life.12

13

Assignment. Provision that a certificate may be assigned by consent of association does not authorize assignment by insured but only by beneficiary. An assignment to a person not a member of the insured's family for less than face value, insured having wife and children, is against public policy and only good as security for the amount actually advanced. When the by-laws of a society allow change of beneficiary, requiring simply endorsement on certificate, such endorsement properly changes beneficiary, though policy may have been handed to the original beneficiary, such delivery not constituting an executed gift. 15

14

Membership and Assessments. without due notice actually received. with knowledge, waives conditions."7

18

Members cannot be suspended
Receipt of payment after death,

Recovery. Where society failed to make assessment when death fund insufficient to pay, beneficiary could nevertheless recover full amount. A by-law requiring proofs first to be made before minor officers, and if adverse appeal to be had to governing board, is valid, notwithstanding an illegal provision that decision of the appeal should be final. 19 Payment should be made to person designated by member where he complies with all requirements except surrendering policy, it having been wrongfully taken from him." [See also Miscellaneous.]

20

Suicide. A successful attempt at suicide does not come within the provision of the New York penal code nor of a certificate which is to be void in case of death in violation of law.21

Limitation. Where the policy requires the proofs to be given in sixty days, and suit in six months after death, and payment by the company forty-five days after the proofs, a denial of all liability by the company immediately after death does not give right until forty-five days, and an action six months after the forty-five days is not barred, though such a denial is probably a waiver of proofs." A custom of receiving post-office money order dated prior and received subsequent

10 Arthars v. Baird (Phila. C. P. C.), 47 Leg. Intel., 142. 11 Boasberg v. Cronan (Buff. Sup. C.), 30 N. Y. St., 483.

12 Vivar v. Sup. L. K. of P., 20 Atlantic Rep., 36 (supra).

22

13 Black et al. v. Valley M. I. Asso. (Ark. S. C.), 12 Southwestern Rep., 477.

14 Tateum v. Ross (Mass. S. J. C.), 23 New England Rep., 230; Cushman v. Fam. Fund Soc. (N. Y. C. C.), 28 N. Y. St., 757.

15 Sabin v. Gd. Lodge A. O. U. W. of N. Y. (N. Y. S. C.), 8 N. Y. Sup., 185; Brown v. Gd. Lodge A. O. U. W. Iowa (Iowa S. C.), 45 Northwestern Rep., 884.

16 30 Cent. L. J., 327; 24 Am. Law Review, 537.

17 Shay v. Natl. B. Soc. (N. Y. S. C.), 7 N. Y. Sup., 287; (see also 16).

18 Darrow v. Friendly Fund Soc. (N. Y. C. A.), 22 New England Rep., 1039; see also La Manna, Admx. v. Natl. S. L. & A. Co. (N. Y. S. C.), 32 N. Y. St., 347.

19 Sup. C. Ch. F. v. Forsinger (Ind.), 9 Law R. Anno., 501; S. C., 25 New England

Rep., 129.

20 Isrigg v. Schooley (Ind. S. C.), 25 New England Rep., 151.

21 Darrow v. Fam. Fund Soc., 22 New England Rep., 1039; Meachem v. N. Y. St. Mut. Ben. Asso. (N. Y. C. A.), 24 New England Rep., 283.

22 McConnell v. Iowa Mut. Aid Asso. (Iowa S. C.), 43 Northwestern Rep., 188.

to date when assessment is due, will not waive due delivery if required. 23

Practice and Pleading. When beneficiary pleads compliance with all requirements he need not set out application as part of complaint; 24 nor is it necessary for him to state the collection of the amount of the assessment from members. Such matter is of defense to the suit

for maximum.25

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Miscellaneous. An insurance corporation prohibited from transacting business in its own state is subject to application by members for winding up and distribution of funds." A slight stroke, from which there was no apparent attendant injury is not a "hurt" or "wound"- these words meaning an injury to the body causing an impairment of health or strength, or rendering a person more liable to contract disease or less able to resist its effects." 27 Falsehood or fraud that does not result in a legal injury can neither be made the foundation of an action nor the ground of a defense.28 The laws of Pennsylvania, 1868–103 Statute (April 15), declare “all policies of insurance for benefit of wife shall vest in the wife clear of all claims of creditors," and a suit by administratrix claiming that the estate was insolvent, without setting up the assignment from widow, are not facts sufficient to constitute a cause of action.29 When the by-laws retain the right to repeal or amend it is not a breach of the contract to limit the continuance of sick benefit even as against the insured sick at the time. 30 Wisconsin Revised Statutes, section 4069, excluding testimony of a party as to transactions with dead or insane person, does not exclude testimony of agent of such person. The laws of Massachusetts, 1888, chapter 429, providing against the selection of the name of another company, or a similar one, authorizes the Insurance Commissioner to issue a certificate relative thereto, and such certificate is held to be conclusive, and no injunction will issue." For article on sick and disabled, see Benevolent Societies. 33 Officers of a Benevolent Society cannot waive by-laws as to age." An afterborn child will be allowed to share a policy made payable to named child where constitution and by-laws show intent to assist the whole family.

34

31

32

35

French, John C., elected vice-president of the New Hampshire Fire insurance company of Manchester, succeeding Samuel N. Bell, deceased. The secretaryship of the company was continued in the hands of Mr. French.

Frost, Theodore, one of the organizers of the New York Life insurance company and the holder of its first policy, died in Brooklyn, New York, June 22.

23 Mandego v. Cent. M. Life Asso. (Iowa S. C.), 19 Ins. L. J., 660.

24 Britt v. Mut. B. Life Ins. Co. (N. C. S. C.), 10 Southeastern Rep., 896.

25 Lawler v. Murphy et al. (Conn. S. C.), 8 Law R. Ann., 113.

26 Staum v. Northwestern M. B. Asso., 19 Ins. L. J., 248.

27 Bancroft v. Home Ben. Asso. (N. Y. C. A.), 30 N. Y. State, 175.

28 Britton v. Supm. C. R. A. (N. J. Ch. C.), 18 Atlantic Rep., 676.

29 McNeil v. Supm. C. N. O. G. C. (Pa. S. C.), 18 Atlantic Rep., 889.

30 Stohr v. San Francisco M. Fund Soc. (Cal. S. C.), 2 Pacific Rep., 1125.

31 Wis. R. S. § 4069; see also N Y. Code C. P., § 829.

32 Am. O. S. C. v. Merrill et al. (Mass. S. S. C.), 24 New England Rep., 918.

33 The Advocate, Volume 2, page 1 (Jan. 1, '90).

34 McCoy v. R. É. M. Ins. Co., 25 New England Rep., 289.

35 Thomas, Gdn. v. Leape, Gdn. (Tex. S. C.), 19 Ins. L. J., 759.

G

Gasoline Stoves and Lamps: The national board committee on lighting and heating reported at the annual meeting of the board in May that the use of gasoline stoves seems to be increasing, but not to the detriment of insurance companies. Experience has shown that, when used under the restrictions upon which all companies are agreed, there is little, if any, more hazard than in the ordinary stoves so generally used in the country summer kitchen.

For lighting, many attempts have been made to introduce gasoline lamps, but thus far with little success. The experiments made have not been so satisfactory as to require much effort on the part of underwriters to exclude what must be regarded as a most dangerous mode of lighting. Open torches, using in some cases kerosene, and others benzine or naphtha, and in some localities natural gas, have, however, been introduced to some extent into foundries, machine shops, and rolling mills, and have proved a source of danger. In open yards they may be safe, but their use in buildings should be disapproved.

Georgia: The comptroller-general is also the insurance commissioner in Georgia. He is elected by the people on the first Wednesday in October for a term of two years, and is authorized to appoint an assistant. The salary of the office of comptroller-general and commissioner is $2,000 and one-fifth of the insurance fees. The annual compensation of the assistant is $1,200. The present commissioner is William A. Wright. [See Legislation.]

Georgia Insurance Report: The third annual report of the insurance department of Georgia was issued, October 1, by the comptroller-general of the State, who holds the position of insurance commissioner under act of October 24, 1887. This act "regulating the admission of insurance companies into the state and creating the office of insurance commissioner, with power to thoroughly supervise their business," says the report, "has been productive of much good to the people and largely increased the state's revenue from this source.' While the law has proven advantageous to the insured, it has not proven disadvantageous to the insurance companies which have done business since its passage, nor has it resulted in lessening competition by the withdrawal of any sound or solvent companies from the state. But, on the contrary, there are more and stronger companies licensed to do business under this act than before its passage. The volume of business, too, in all lines of insurance has increased very largely as well as the profits to the companies.' The number of companies in the state authorized to transact business in 1890 was: Foreign fire insurance companies, 49; Georgia fire insurance companies, 7; life insurance companies, 20; accident indemnity and marine, 11; assessment life and accident insurance companies, 22. The fire insurance companies transacting a special business under act approved October 24, 1887, were the American Mutual Fire of Rhode Island, the Cotton and Woolen Mutual Fire of Massachusetts, the Enterprise Mutual Fire of Rhode Island, the Keystone Fire of Pennsylvania, the Mercantile Mutual Fire of Rhode Island, the Paper Mill Mutual Fire of Massachusetts, the Philadelphia Manufacturers' Mutual Fire of Pennsylvania, the Protective Mutual Fire of Illinois, the Rubber