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CIVIL SERVICE MINERS AND GENERAL LIFE ASSU. Co., founded in 1854, and commenced bus. apparently in connexion with the Ancient Order of Foresters Freehold Land So.; but almost before the asso. had commenced operations, its effects were disposed of by the hammer of the then well-known Mr. Furber-an auctioneer, too frequently engaged in selling off the effects of unsuccessful ins. asso. The execution creditor was the upholsterer who had supplied the office furniture. CIVILIZED LIFE.-It has been the subject of much discussion how far the refinements of Civilized Life tend either to the multiplication of the human race, its happiness, or its longevity. We do not intend to enter upon the discussion of these questions here, but content ourselves with the following sensible passage from Dr. Price's Observations, etc.:

One of the most obvious divisions of the state of mankind is into the wild and the civilized state. In the former man is a creature, rude, ignorant, and savage, running about the woods, and living by hunting, or on the spontaneous productions of the earth. In this state the means of subsistence being scarce, and a large quantity of ground necessary to support a few, there can never be any considerable increase. In the latter state, man is a creature fixed on one spot, employing himself in cultivating the ground, and enjoying the advantages of science, arts, and civil government. Of this last state there are many different degrees or stages, from the most simple to the most refined and luxurious. The first or the simple stages of civilization are those which favour most the increase and the happiness of mankind. For in these states agriculture supplies plenty of the means of subsistence; the blessings of a natural or simple life are enjoyed; property is equally divided; the wants of men are few, and soon satisfied; and families are easily provided for. On the contrary, in the refined states of civilization property is engrossed, and the natural equality of men subverted; artificial necessaries without number are created; great towns propagate contagion and licentiousness; luxury and vice prevail; and together with them disease, poverty, venality, and oppression. And there is a limit at which, when the corruptions of civil society arrive, all liberty, virtue, and happiness must be lost, and complete ruin follow.

Those who understand Dr. Price's peculiar views of the degrading tendencies of cities will understand the dark shades of the preceding picture. We shall have to revert to the subject under TOWNS, LIFE in.

CLABON, C. B., Sec. of Law Rev. Int. So. since 1856.

CLAIM [from the Latin clamo, to cry out].-To ask as a right; to demand as due; to request authoritatively; to require; to become entitled to a thing; to derive a right.

- Worcester.

In Ins. the making a "Claim" is technically understood as an intimation that the event or contingency insured against has occurred; or where several events or contin- gencies are insured against, that at least one of them has occurred. It forms a necessary condition of every ins. pol. that any claim made under it shall be verified by some proof of the occurrence which gives rise to the claim. Some pol. state the exact nature of the proof to be furnished. Others only intimate that "reasonable proof" will be required. There are several stages through which every claim must pass, varying more or less with the nature of the bus. We proceed to enumerate these:

1. NOTICE OF CLAIM-that is notice by claimant to the insurer (underwriter, or asso.). 2. PROOF OF CLAIM-that is proof to be furnished by the insured to insurer.

3. ADMISSION OF CLAIM—that is admission by the insurer that the insured has substantiated his claim.

4. PAYMENT OF CLAIM-the actual handing over of the cash and the receipt of the proper discharges to the insurer.

5. RESISTANCE OF CLAIM-that is either by letting the claimant take his course at law, or by the insurer giving notice of arbitration.

We shall treat of the subject as briefly and as clearly as possible under each of these heads.

(1). Notice of Claim.-It may be regarded as of the essence of the contract of ins. that timely notice that is to say, that the earliest possible notice-be given to the insurer of any casualty having happened by which it is supposed a claim has arisen. Many pol. name a specific time within which notice must be sent, or failing such notice any benefit otherwise accruing is forfeited. Others simply say "forthwith" or "immediately"; but the intention is in all cases the same, viz. that the insurer shall have early notice, in order that he may enter into or upon such inquiry as he deems important to his interests. In the case of Fire loss, the necessity for early notice, in view of salvage, etc., appears obvious. In Cattle ins., in Glass ins., in Hail ins., it is equally obvious. In Fidelity ins. time is frequently of the utmost consequence. But in the case of Life ins., and yet more of Accident ins., the injury resulting to the office from delay can hardly be atoned for. If the cause of death requires to be investigated through the aid of a coroner's inquest, that must take place before burial; and where a post-mortem becomes necessary, that also must be made before burial, the alternative being the unpleasant one of an application to the Sec. of State for power to exhume. Regarding Accident ins. more particularly, we have already shown, under CAUSE OF DEATH, some of the reasons which necessitate prompt notice. Even in non-fatal injuries the necessity of prompt medical advice, or special treatment, themselves suggest the injurious consequences which may arise from delay.

In the case of Marine ins. the distance at which the casualty frequently happens interposes difficulties. Yet the necessity for prompt notice to the underwriter is as great as in most of the other classes of ins., and in some respects even more so, as great injustice

may be committed by other persons obtaining priority of information. The early Marine Ins. Ordin., quoted in this work, contain some very curious provisions with respect to the minimum rate at which the information is to travel.

It must be remembered, as a rule of vast importance, that notice to an agent is not notice to the principal. It is especially so in the case of ins. asso.

(2). Proof of Claim.-The proof to be furnished in support of a claim must of necessity depend greatly upon the nature of the ins. Its form is generally more or less fully indicated in the pol., or its conditions. In Marine ins. there is a certain routine process of placing the papers connected with the claim before an average-adjuster. We shall give a list of the documents required to be placed before the average-adjuster in a later part of this art. It is sufficient to state here, that, beyond the actual loss or damage, regard has to be taken of what is subject to "General Average," and what comes under "Particular Average," while the "Warranties" of the pol., and the questions of "Seaworthiness," "Deviation," Abandonment," or Salvage, may, any or all, demand

consideration.

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As to Fire ins., there is the first question of wilful or accidental origin; next, whether the fire has arisen from causes within the pol. or otherwise; also proof of the actual property destroyed, and of its value; and, finally, is it a "Specific" or an Average" pol. Incidentally there will be questions of "Over-insurance, "Double Ins." 39.66 Civil Commotion," etc., etc.

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Regarding Life pol. the main considerations are, first, the actual "cause of death,”does it indicate any "misstatement" or "concealment" at the time the ins. was obtained; then, verification of age; next, had the ins. entered upon a prohibited occupation; or, finally, did he die within permitted limits of residence or travel. The question of "insurable interest" has sometimes to be kept in mind.

In Accident ins. the question of "cause of death" is of the most vital importanceaccident must be the direct and sole cause of death, and all diseases and personal infirmities (not previously stated, and specially ins. against) must be excluded. Next, was the insured following the "occupation" or occupations against the risks of which he insured, and no other. The question of the "limits of age” also arises—these limits are generally from 18 to 60 at the time of ins.; and the limits of travel; and also whether the death has arisen from "General accident,' ," "Railway accident," or on the "Ocean," have likewise to be regarded.

As to Cattle ins., the questions of "substitution" and of "value" are the primary elements; but wilful exposure, improper treatment, as well as the actual cause of death, have to be regarded.

In Hail ins. the description of the crop, its acreage and value, with perhaps the incidental point of ownership, seem to be the main points involved.

In Fidelity ins. the questions of "amount," ," "time" within which loss has arisen, the institution of the stipulated "tests of accuracy" (if any), and of collusion, either in the peculation, or in the escape of the delinquent, all have to be considered in relation to the proof of a claim.

In Glass ins. the "identity" and the "value" are the primary considerations; while the "cause" of the breakage has an important bearing (in regard to the office obtaining indemnity against the wrong-doer); and the time within which the damage has occurred. These are the most important practical points.

In Carriage Accident ins. the "cause" of accident, and the value, both at time of ins. and at the time of the accident, are the main considerations. The cause of the accident, in relation to indemnity of the office by the wrong-doer; the question of value, in relation to the "average clause" in the pol. It is further necessary to confine the repairs to the actual injury occasioned.

(3). Admission of Claim.-This is a formal act of the underwriter or of the board of the co. on whom the claim is made, and which signifies that all the required proofs have been furnished. In the case of Marine ins. this process of admission is called the "settlement," and is signified by indorsement on the pol. In the other cases the notification is by letter, or sometimes a more formal document.

(4). Payment of Claim.-The payment of the claim is more or less remote from the period of admission of claim, according to the usage of the several branches of Ins. In Marine ins. formerly a month elapsed between "settlement" and "payment "; now, in consequence of increasing competition, claims are usually paid within a week; or, in the case of cos., at the next weekly board after "settlement." In Fire ins. the claims are usually paid at an early date after admission. The same may be said of most of the other branches of ins. except Life; here it is usual to pay at the end of three months [it was formerly in many cases 6 months], or more promptly on discount being allowed from the period of actual payment to the regulation time. In Accident ins. the non-fatal compensation is usually paid within a week after admission; the death claims at the end of 3 months, subject to discount for earlier payment, as in the case of Life ins. claims. Cases have arisen in which, in consequence of information subsequently received, even after formal admission of claim, payment has been withheld; and justly so.

It is an important point in relation to the payment of claims to see that the insurer

obtains a proper discharge" for money paid under a pol. The mere possession of a pol. is no evidence of ownership. Even under "nomination pol." evidence of identity is at least required. In cases of assignment the production of the pol., with the deed of assignment, or a duplicate of it, is usual. In the ordinary case of a life pol., or of a fatal claim under an accident pol., the probate of the will containing any direction as to the pol., or letters of administration, are lodged with the asso. for examination between admission of claim and time of payment. [ASSIGNMENT OF INS. POL.] [BANKRUPTCY.] [MARRIED WOMEN'S PROPERTY ACT.]

(5). Resistance of Claims.-There was at one time existing a foolish sentiment regarding what is called the "disputing of claims" by the managers and directors of ins. offices. It is happily passing away. Ins. is a matter of contract, that contract being based upon good faith. If the underwriters or co. find that good faith has not been observed, it becomes a duty to resist. In Marine ins. fraud is of very frequent occurrence; but it is often very difficult of proof. In Fire ins. the proportion of claims more or less fraudulent is considerable. In Accident ins. and in Cattle ins. attempts at fraud in a small way are far too prevalent. The ordinary course of resistance is simply refusing to pay, leaving the insured to his legal remedy. It is doubtful whether this is always a wise course. Most pol. contain an "arbitration clause." Where the question is only one of amount, the underwriters or co. should take the initiative, and give "notice of reference." Where the claim is purely fictitious, or fraudulent in its inception, the initiative should be taken by the insurer, who is too often placed at a disadvantage by allowing the insured to commence a civil process, where a criminal one would most apply.

In addition to the preceding, which embody the main points of practice, from the office point of view, there are some other considerations to be regarded in dealing with claims. A knowledge of the legal decisions in previous cases of a like character is of the first importance; while business aptitude, discernment, and diplomacy are very frequently called into play, alike on the part of the "claim adjuster" and the managers of the office. We shall deal with a few of these considerations under alphabetical arrangement.

Accident Ins.-At the close of our HIST. OF ACCIDENT INS. we have noted a few of the more important points which have been determined in cases which have come before the Courts. We need not repeat them here. It is in the common interest of accident cos. to uphold those decisions. It is an important feature in accident ins. that the death must take place within a given period (usually three months) after the injury. It is a point of the first importance that the co. provide its own forms for the insertion of details of non-fatal as well as fatal injuries ; and that the co. insist upon these being actually filled up and returned before any claim be admitted. It is no hardship on a person subsisting on the funds of the co. to make full and proper returns whenever required. Any attempt at evasion must be regarded with great suspicion. Twenty years' experience of this bus. has shown the writer that whenever there is any irregularity about the notice of injury or death reaching the office, there is also some irregularity about the claim itself.

Where the claimants are entitled to compensation for non-fatal injuries, the difficulty of obtaining completely satisfactory evidence is sometimes very great. Claimants and agents alike fall into the notion that a "liberal mode of settlement," without any very strict regard to the actual facts, is best for the office. Experience, however, speaks differently. An able writer upon ins. topics in the U.S. says hereon :

A strict construction of the terms of the contract, regardless of the character or influence of claimants, treating the rich and poor alike, will estab. confidence in the integrity and good faith of our settlements; while the man of position and influence will justly despise any co. which should seek to buy his influence by the payment of an excessive and unjust claim, when at the same time he sees a claim equally valid as his own denied to his poorer neighbour.

These remarks also apply to Health Ins.

Fire Ins.-Under APPORTIONMEnt of Fire LoSSES we have already stated some of the general considerations which arise in relation to claims under F. pol.; while under AVERAGE POL. (Fire), we have noted many of the more technical points involved. Under CERTIFICATE OF LOSS we have spoken of a specific requirement under some F. pol. We now have to add a few more important details.

In the case of claims under "average pol.,” the following special forms are required to form part of the "proof":

A., B., and Co., the undersigned, do hereby declare that the following is a full, true, and faithful statement of the whole of the goods, wares, and merchandize, and the value thereof, on the day of the fire, which was held by us, either on our own account, or on trust, or on commission, which are or were lying or being within the places and limits specified in our pol., No. . . ., of the . Ins. Co., on the day of the late fire in wharf.

And we further declare that the following is a full, true, and faithful statement of all the ins. effected by or for us with other F. offices, upon such goods, wares, and merchandize; and that we have in this statement distinguished the specific insurances, or those that may vary from pol. No.... before mentioned, under which our claim is made.

And we do also declare, that we have not omitted from this statement any goods, wares, merchandize, or effects upon which we had at the time of the said fire any lien, claim, or title, upon which we could have made a claim for loss by fire, had such goods, wares, merchandize, or effects been destroyed by fire.

Then come the schedules to be filled up with the following all-important information: Ist. Particulars of the whole of the goods, wares, or merchandize at the time of the said fire, including those damaged or destroyed. 2nd. Particulars of goods, wares, or mer

chandize destroyed or damaged by said fire. 3rd. Particulars of pol. of ins. with other offices, with their respective amounts and numbers. 4th. Claim to be made in the following form:

Claim under pol. No. subject to average. We do hereby declare and set forth, that at the fire, on the 187 the following articles, goods, wares, or merchandize, being our property or the property of other persons to whom we are legally liable, and ins. by your pol. No. were destroyed or damaged by the said fire according to the values at the foot hereof; wherefore we claim the sum of £ the amount of such value; and we further declare that we had no ins. effected with any other office or offices, except as before mentioned.

The list of documents may be completed by the following: "Warehouse-keeper's Certificate. We hereby certify that the goods hereunder mentioned were in our custody, in a warehouse situate in..., at the time of the fire before referred to.-Signed, [WAREHOUSE-KEEPER'S BOOK.]

In the case of Levy v. Baillie, before the Courts in 1831, the facts were as follow. The plaintiff had effected a pol. against fire, with a condition that he should forfeit all benefit under the pol. if there was any fraud or false swearing in the claim he made. A fire ensued, and the plaintiff made affidavit of the damage to the extent of £1085; having sued for the amount, and a jury having found a verdict for him, with only £500 damages, the Court granted a new trial.

In the case of Wright v. Pole, before the Courts in 1834, it was Held, that an innkeeper, having ins. in the Sun Fire his interest "in the inn and offices," could not, upon such inn and offices being partly burnt, recover against the insurers the loss sustained by his hiring other premises while his own were being repaired, or by the refusal of persons to go to the inn while under repair-the insurers having reinstated the premises in proper time.

It was decided in the case of Simpson v. the Scottish Union Ins. Co., tried in 1863, that a tenant from year to year insuring is not limited in his claim on the ins. co. to the extent of his interest in the property insured.

Even where there is no fraud, the insured on a fire pol. can only recover the real amount of the loss. This was so held in Goulstone v. Royal Ins. Co., tried in 1858.

Life Ins.-The main point to be guarded against is death by suicide, instead of from natural causes. We shall discuss this subject fully under SUICIDE. The other chief questions are "concealment" and "intemperance." The points involved herein, as affecting life ins. claims, will be fully discussed under those heads; while under DISEASED LIVES, and FRAUDS, much that is important will be found. Some considerations also arise under DAYS OF GRACE. See also PROOF OF DEATH.

Sometimes a death will be presumed, as where a ship in which the insured life sailed is never heard of, and from circumstances appears to have been overtaken by a storm in which other ships perished. So also a person goes abroad, and remains unheard of for a long period. See DEATH, PRESUMPTION OF.

The following curious and important point was determined Obiter dictum in 1786, in the case of Locker v. Offley. A person insured for one year only meets with a mortal wound, but does not die of the same until after the expiration of the policy. Mr. Justice Willis held the insurer was not liable: hence it is regarded as a principle that the loss itself, as well as the cause of loss, must have happened during the continuance of the pol. We do not remember any recent case on this point.

We have long felt that a complete statement of the aggregate claims paid by all the different life offices would operate as one of the most striking popular arguments in favour of the practice of Life Ins. Of course it is impossible to obtain such a return from the offices which have passed away; but there ought to be no difficulty in obtaining the items from each existing office. Mr. William White, in his useful Ins. Register, did for one or two years give such returns for many of the offices. We shall hope under LIFE INS. CLAIMS to present such a T. in a completed form.

Marine Ins.-The following specific documents are usually required to substantiate claims. 1. Protest-to show the loss of or damage to the vessel. 2. Bill of lading-to show that the goods were on board. 3. Invoice-to prove value. 4. Account Sales-to show realization. 5. Original vouchers -to show amount expended in repairs, etc. 6. Survey-to prove damage. 7. Rate of Exchange of the day. 8. Average Statement. These being investigated and found correct, the underwriter indorses the claim papers as "settled."

Weskett said in 1781 :

Proprietors, and their factors or agents, of ships or goods which have been wrecked, stranded, taken, retaken, seized, detained, or condemned, ought to use their utmost diligence in making claim thereof in due form, and furnishing proper and authentic documents to that effect, in cases where there is a right, and hope of recovery of salvage; for negligence or inactivity on such occasions would be highly culpable and fraudulent with regard to insurers; to whom, on their satisfying the loss, security ought to be given by the insured, or their agents, that such claim shall be duly made and prosecuted at the charge and with the advice and assistance of the insurers; and also that they shall be reimbursed their due proportion of the value of all that shall be restored or saved. A master of a ship or cargo who may have fallen under the afore-mentioned or any similar circumstances, who leaves the place where they may have happened, without exhibiting authentic papers, and exerting his best endeavours to recover ship and cargo, or without duly claiming, appealing, etc., as the case may require, is liable to be sued, and to answer for not having done his duty. Under CONCEALMENT and FRAUD many other points in connexion with marine claims will be discussed.

General Considerations.—It is a rule of law that the burthen of proof of the event insured against having happened rests with the insured, and not with the insurer. It is equally a rule that those who impute fraud must substantiate it, or abide by the consequences.

An action at Common Law may be brought in the name of the party or parties whose names are in the pol., or of one of them, where one is only interested. It is sufficient that the action be brought in the name of the party in the pol., though others are jointly interested, and though he be only agent. The action should not be brought against an agent, though he have subscribed the pol., but against the principal. In support of these positions see Marsh v. Robinson; Cosack v. Wells; Parker v. Beasley, and Hagedorn v. Oliverson.

In 1833-by 3 & 4 Wm. IV. c. 42, s. 29-it was provided that in certain actions, including those on ins. pol., a jury may "give damages in the nature of int. over and above the value of the goods."

There are numerous cases in the law-books wherein money actually paid in respect of claims has been recovered by the insurers. The principle of recovery by the insurers is not restricted to the case of fraudulent claims, as is sometimes supposed. If a claim be settled by the insurers paying the amount under circumstances of mistake-mistake of facts, not of the law-which mistake could only have been prevented by the disclosure, at the time of settling the claim, of facts which were not disclosed, whether by fraud or in ignorance on the part of the insured, or with any other persons with whom knowledge of the fact rested, from this state of circumstances will result a rule that the amount paid for such claim shall be recovered by the insurers.-Beaumont's Law of Fire and Life Ins. In support of this view see Forrester v. Pigou; Chatfield v. Paxton; and Lefevre v. Boyde. CLANCHY, D. T. L., was Sec. of Equitable F. from its commencement in 1850 down to 1852. CLARENCE LIFE ASSU. So., founded in 1854, with an authorized cap. of £100,000, in 20,000 shares of £5, and regis. under Joint-Stock Cos. Regis. Act. The orig. prosp. said:

The uniform success which has now for many years attended L. assu. sos. forms one of the most remarkable features in the monetary inst. of this country. It must strike every one as singular, that among the many enterprises of this kind begun during the last 50 years, scarcely an instance of failure has been known to occur; and it is equally remarkable that such of them as have been estab. for a period, to justify comparison, have proved themselves to be more remunerative than any other undertakings whatever.

It is therefore not to be wondered at, that so many assu. cos. should recently have become candidates for public favour and support; and that there is still a large field open for their operations is amply proved by the fact of the enormous increase of assu. effected within recent years. The skill and activity with which the younger cos. have made known their respective and peculiar recommendations have secured a degree of attention to the advantages and practice of L. assu. which were previously altogether unknown; and thousands of all classes now assure their lives, who, but a few years ago, were entirely ignorant of the benefits and blessings arising from such a system. We next arrive at the "special features" of the office :

One of the most effective means for extending the bus. of a L. assu. co. is the estab. of an extensively ramified system of agency; and the success of some of the most prosperous institutions has been mainly attributable to the care bestowed on this department. It is therefore proposed by the promoters of this So. to give its regularly-appointed agents a direct and beneficial interest in its prosperity, and the D. of Sett. contains an express provision securing to them a share of the profits. The extent to which each agent will participate will depend on his own efficiency, and the degree in which, by his individual exertions, he has contributed to the So.'s prosperity-so that he will receive that fair and legitimate reward which ought to be considered as undoubtedly due to his labours.

It was estimated that this "extraordinary commission" would augment the ordinary commission by about three-fourths. Two other features were put prominently forward: (1) "Opportunities to assure will be afforded by the Clarence L. Assu. So. to every class of persons, as well in Gt. Brit. and Ireland, as in Her Majesty's Plantations or Colonies, and in all places beyond the Queen's dominions." (2) "The promoters of the Clarence L. Assu. So. have resolved to develope the principle and system of granting loans in connexion with L. assu. beyond anything that has yet been offered for the accommodation and approbation of an important portion of the public". . . The prosp. bore the signature of H. Lang, Sec.

We believe the Co. hardly got into full working before its bus. was trans. to United Homeopathic. This occurred in 1855.

CLARK, EBENEZER, JUN., Man. and Sec. of the Emperor L. and of the Emperor F. since 1856. Mr. Clark is an active worker in many movements in the direction of popular progress.

CLARK, GEORGE, Act. and Sec. of Argus L., which positions he has held for many years. He entered the office in 1840 as chief clerk. He entered upon the actuarial duties of the Co. in 1841. In 1862 he became Sec. of the Co. also. Some years since he wrote a work upon Life Contingencies, which, however, has not been pub. He was Consulting Act. of the Palladium. Mr. Clark has displayed much tact in the manner in which he has harmonized the discordant elements consequent upon one or two unsuccessful attempts to terminate the existence of his Co. by amalg.

CLARK, JOHN, F.A.S., Edinburgh, Land and Tithe Agent, pub. in Gloucester in 1806, An Inquiry into the Nature and Value of Leasehold Property, Reversionary Interest in Estates, and Life Annuities, with a variety of Tables, demonstrating the Ratio of Fines due on the

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