The Galaxy, May, 1877: Vol. XXIII.—May, 1877.—No. 5.Various
General
The Galaxy, May, 1877: Vol. XXIII.—May, 1877.—No. 5.
Various
American literature -- Periodicals
The result of all this faithlessness is seen in the present condition of
life insurance affairs. Is the remedy to be found in legislation, in new
attempts to make supervision on the part of the State more than a name,
or in the abandonment of the whole scheme of supervision and in leaving
the business to be carried on without any State control or supervision?
This is really the momentous question of the hour, and one that cannot
be too thoroughly discussed or too carefully considered.
In its consideration the status of a policy-holder in a life insurance
company must be taken into consideration. To thoroughly understand what
that status is, it is necessary to examine carefully the contract on
which it rests. Each policy in a life insurance company provides for a
life-long engagement on the part of the assured. He is to continue to
pay premiums as long as he lives, if he does not anticipate them by a
single payment, or by several payments. On its part the company agrees
to pay to the assured, or rather to his nominee at the death of the
assured, a certain sum. In addition, however, to this simple contract,
the policy-holder is entitled to a share in the profits of the company.
That share is greater or less as the case may be, as the organization of
the company provides. The policy-holder is thus in a certain sense a
partner in the business. He has an expectation of profits, either in the
shape of reduced premiums, increased insurance, or actual money. The
contract is not one of indemnity merely. It is a contract to pay at
death a fixed sum, in consideration of the payment during life of
certain sums known as premiums. It is an arrangement by means of which
the pecuniary hardships incident to premature death are borne by a great
number of persons instead of the family of the person who dies before
his expectation of life has been reached. It is apparent from this
contract that the company which issues it must in the nature of things
have the custody and management of large sums of money. It is
contemplated by the parties that accumulations in the hands of the
company must exist, and it is an incident of the contract that the
officers of the company shall have the management of that fund. Is the
fund a trust to be held by the company for the benefit of the
policy-holders? If it be, then the courts of equity have complete and
entire jurisdiction, and to them it should be left. They are competent
to enforce the proper execution of other trusts, and presumably of this.
Give perfect freedom of individual action to each policy-holder, take
off the leading-strings of State supervision, and leave the parties to a
life insurance contract where the parties to other contracts are left,
to themselves and the courts.
THE GREAT SEAL OF THE UNITED STATES.
CONCERNING SOME IRREGULARITIES IN IT.
Public-domain text, read in full here on John Shaqi.
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