Annals, Anecdotes and Legends: A Chronicle of Life AssuranceFrancis, John, of the Bank of England
History
Annals, Anecdotes and Legends: A Chronicle of Life Assurance
Francis, John, of the Bank of England
Life insurance
With only one year’s premium received, the office found this claim
very unpleasant, and refused to pay. They said the mental state of the
duke had not been mentioned, that they were ignorant of his loss of
speech, and they fought very vigorously against discharging the policy.
The question which rose was, whether it was necessary to give special
information which was not asked; whether, in fact, a truthful answer
to all queries was not enough. When the trial came on, the verdict was
given for the office, because, according to Mr. Justice Littledale,
it was the duty of the assured in every case to disclose all material
facts within their knowledge: “In cases of life assurance, certain
specific questions are proposed as to points affecting all mankind. But
there may also be circumstances affecting particular individuals which
are not likely to be known to the insurers, and which, had they been
known, would have been made the subject of specific inquiries.” However
legal this might be, it was scarcely equitable. The directors had
insured the life of this gentleman, knowing, from private information,
that his career had been gay, and his constitution debilitated, and
they ought, on every principle of justice, to have been compelled to
pay their obligation.
In the same year another very important decision was arrived at. A
gentleman assured the life of his son in the Asylum for 5000_l._ After
the payment of two years’ premium the son died, and the office refused
to honour the policy, because the father had no insurable interest in
the life of his son. When the case was tried, the grounds on which
the counsel endeavoured to prove an insurable interest were, that the
father had expended a large sum in maintaining and in educating the
deceased; that if a man had an insurable interest in his own life,
he certainly had in that of his son; that a father might have many
valuable rights and expectations depending on it which he could only
protect by an insurance; that, by the statute of Elizabeth, if a father
became poor in his old age, and his son was capable of maintaining him,
he was bound to do so, and therefore the chance of the father being
maintained in his old age was decreased by the death of his son.
The special pleading evident in this line of argument was not
calculated to be successful. But though a strict interpretation of the
act might justify the refusal to pay, it does not appear that such a
decision is strictly equitable.
Public-domain text, read in full here on John Shaqi.
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