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
The great minister of the past century died insolvent, and from this
arose one of those actions, which at once confirm a law and establish
a principle. In 1803 William Pitt was indebted to Godsoll and Co.,
his coachmakers, upwards of 1000_l._ To secure some part of this in
the event of his demise, they assured his life for seven years with
the Pelican Company, for 500_l._ at the rate of 3_l._ 3_s._ per cent.
In 1806, three years after this, the premier died without sufficient
assets to meet his liabilities. The greatness of his services to
the country, the fact that he had died in debt being a proof of his
self-abnegation, demanded an acknowledgment, and the state very
properly determined to pay his creditors. This was not sufficient for
the coachmakers; an immediate claim was made by them for payment of the
500_l._ assured. As Godsoll and Co., however, had received the entire
amount of their bill when Mr. Pitt’s other debts were discharged, the
Pelican refused to pay, on the ground that their insurable interest
in the life of the deceased had been terminated by the payment of his
debts, and that as the insurance was to meet a special debt, since
discharged, they could not recover.
On the one hand, Godsoll and Co., possessed an insurable interest at
and from the time of the opening the policy, to the death of Mr. Pitt.
On the other, the assurance being for a special purpose, to procure the
payment of a debt otherwise discharged, there could be no justice in
paying it twice. The company therefore offered to return the premiums,
but refused to pay the policy. There was an immense amount of special
pleading by the counsel of Godsoll and Co. to make the worse appear the
better cause. It was contended that, having had the necessary insurable
interest up to the death of Mr. Pitt, the after payment of his debts
did not vitiate their right; that, in other words, having paid the
premiums for a special purpose, which purpose was effected, they ought
to receive their 500_l._ instead of being satisfied with the return of
the mere premiums. It was now to be resolved whether, under any form or
by any subtlety of argument, the statute which said so distinctly an
insurable interest was necessary, could be broken through.
Had Godsolls carried their point, every creditor might have insured the
life of his debtor and received a double payment of his debt. Every
tradesman in London might have speculated on his customers’ health,
and the act which was to destroy gambling policies, would have been
practically repealed. The judgment of Lord Ellenborough, when he gave
the decision in favour of the Pelican, is worth transcribing.
Public-domain text, read in full here on John Shaqi.
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