THE UNIVERSITY OF ILLINOIS £ S LIBRARY 3G8 N^llrn Return this book on or before the Latest Date stamped below. A charge is made on all overdue books. University of Illinois Library L161 — H41 <€ ^ aTa- wm mm&Sm H y/Swr*) Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/mutualinsurancemOOnati ttBRARV OF THE UMVERSflV Of II4JN0I8 W. D. FORBES, DES MOINES, IOWA. W. D. Forbes has been president of the National Organiza- tion of Mutual Insurance Companies from its beginning and has been prominent in Mutual Insurance work for thirty-five years. He is a man of great energy and ability as an organizer and ad- ministrator. His devotion to the cause of Mutual Insurance has never wavered; and, although still in the flower of a vigorous manhood, he has lived to see his fondest hopes realized and even far exceeded by the measure of success achieved. MUTUAL INSURANCE MANUAL A HAND BOOK C. F. MINGENBACK, Chairman of Committee. S. G. MEAD, Compiler. 1906 McPherson, Kansas, MANUAL COMMITTEE C. F. MINGENBACK, Chairman S. G. MEAD, Compiler Authorized by the National Association of Mutual Co-operative Fire Insurance Com- panies to issue this Hand Book of Mutual Insurance. N ZjW-YYI, I. n. hi. I IV. # V. VI. <'0 VII. VIII. IX. X. XI. XII. XIII. XIV. 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MUTUAL COMPANIES, January 1. 1905. 74 A HAND BOOK Liabilities 248,628 162,025 489,095 91,602 302,068 731,073 144,21 2 145,686 6,958 211,709 649,978 6,464,951 1,731,567 408,225 104,522 345,416 93,665 162,804 Cash Assets 105,844 124,894 2,283,318 2,837,280 o a 05 j— oo co r- t* 03 05 iC o i© 05 1© £ ©UOtf^pH^ t^*r! r i©*'i©'i©'©i r- 00 atco rl^OCDO O pH CO CD 00 00 pH Oc' 05 05 CO pH O O CD co P+I ©1 t- lO H CD O K5 H tH hH pH !i ^ r- (M i -^O^ HOh©I©1COI> ©q^co 1 © cd^ O^ 00^ tp O i= E ©q’ t-Ti© ccT 00 pH 10 1H* ©q 05 pf oT cTr-T co'uo' l©* pT oV O i— 1 pH ©O ©J Pf «^05 +-+1© rH CO ©q h i> t> 05 ©q i© ©q co C/3 “ £=-= ++ p — 1 CO -H- pH 1 © CO rH -tH- pH pH 100 CO CD 05 H 00 05 0 CO O CO 00 l© H OOONH pH pH pH pH CD ©1 CO 05 L© pf 0 00 CO CO 0 l© C CD CD 05 pjH 1> 00 00 00 co CD^ l© 1© rH ©q^c^ ©i^i©^ 00 ^ 1 © 0 pH 05 00 05 00 «©^ CD^ CO c 0} l©~ Cd'ph'oo' ©Ti©''t^t>Ti©'afco'' p-T >©' cd' o' US' ©T i©' Uo'p-T r-> CD l© 1> 00 00 ++ CO 0^000 l© CO p^ 05 CO CO co ©q X rH CO pH l© pH pH O^CH pH pH ©q UJ pH 00 pH CO 05 co tp 05 ©q ©q 0 co l© 05 CO O O HH 0 l© pH Tt^ *> pH T* 0 t> 00 00 00 ©q 0 05 ©q co 05 cd l© pH HU t> CO ©^ co^oo^©q pH OO^ ©q HlONt- ©q 0 °L 0^00^ 09 i>T ocToToT ccT -^7 cT ocT »©'i>'i>r oTcd'h^ 05 CO pH ph'o' CO 05 1> pH CO 05 CO l© CO pH CO l> 00 pH pH ^ O CO o ©q |> pH 05 pH 0 ©q^oo co co ©q ©Tph' »© : ©q co co -p co oo -« £h CO pH_'t~' 05 Q.co'r* 05 05 JT 1 ^ ©q pH N ©(M00O ©T ph\©'co' r-i o rH O (M £ 1-1 otoo O O CO ©0*0^ co't'T os' 00(0 P-^O©^ oofTio i© (NO^lO OfflCOI> ^ ©qao^ oq'o'TjTrjT Tjn ©I t- oo^co^t^ ©'©ToTt*' ©q I© th CO CO --COCOHH o Th 05 ©q t> o > oo > c^cm© i ©T cTp-T CD cT 1© TfH t> l© ©q CO^^t^OO^ oT o' o' ccTtjh' ©q H CO 05 o HHM(M © O 03 <^’E O 02. z E OCOCOO^HCOCOMQOHOOOOSClOOt'OOOiOO^D HH * ©H-l>pH©q Tfl pH rf 03 l© 03 l" » d ® a ® l§-|®.t§.&|j§|i|w5 •2 O O ^ Oj © n ^ ^ C3 *rH *3 tH *rH O <£ £) <£ ^•§666oEoSa55MMjSSSggggS^!2i^a s S°-§5. 572,4801 45,197 OF MUTUAL INSURANCE O rH T* to CO rtc rH tO O CM r- 05 05 ooc& cMQOCO CO tO to oo co to rfl rtt i— I co co t- CO 00 H H O O CO 05 CO t- CM t— to M M O 00 Ip* -H 1 C5_ 05 CO CO M~ rH 00 to £• o h os cq t- oo Ip- -^05 jq io 05 H cTr-rcMY-TiM CoVf CO rH (M M t> nfi CO ttS'ifO t~* to O 00 -cfH o a CC^ gj CO to" > o N £ to O M oo r- Oi °OtO_ ocfcrT t-T I'- tO TfC CM hJH rH OS CM O CO 05 00 rH ■ o 05 00 Tf 00 QOOlOOHO 8 rH 00 Tfl Ttl d i- rH £ Ip. .£ -rn o UoTt-T P H CD o £ (MHCO CO 00 CM O CO CM CO O O CO CM tO O t> H CM H H -c CO 00 ^ 10 s C CO CO CO ^lO to o t> CO 00 05 TfiCNCO CO 00 05 CO T* Tft CM 00 to rH rH CO tH rH O O O Ip* 05 o O 00 t© O CM CM I> MMMOOCIH Tfod 00 l> 05 O 00 CM^H^OCMp. 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> It seems settled that no one method is effective alone. There is a unanimity of testimony in favor of the state fire marshal, provided the office can be kept out of politics. One official in Ohio has succeeded in bringing to justice a gang of incendiaries who had been operating for twenty years and who had cost the Insurance companies $250,000. In other states the reduction of losses has been immense. Probably the Massachusetts over insurance law as given above would also be desirable. In addition a thorough sys- tem of inspection by the companies should be under- taken. This should be the joint work of all the com- panies occupying any given territory. The inspectors should look for over valuation, and for dangerous places also. It has been proposed that this work be done by the states, but in dealing with corporations the state is generally a grafter. Its charges are ex- tortionate and its services poor, and as long as the OF MUTUAL INSURANCE 2S3 companies can be made to furnish revenues to needy statesmen it may be confidently affirmed that they will be allowed to make profit enough to pay their taxes at least. Nothing in the way of legislation can take the place of the fair dealing and intelligent agent. He and he only is the final solution of the whole problem. CHAPTER XIII. CLASSIFICATION OF RISKS. This is deciding upon the comparative probabil- ity of loss in the different kinds of buildings, etc., which companies are called on to insure. It is based upon long experience and careful observation. In each policy, or in the application therefor, is an ac- curate description of the property insured. These descriptions have been sorted over and classified and a record of the losses in each class has been faith- fully kept. The process has been going on for a cen- tury or more. The number of risks taken into account is enor- mous, so great that according to the well known law of averages the results may be considered certain and positive. They furnish a reliable basis for busi- ness computations. Insurance companies are per- fectly safe in using them in calculating their table of rates. Were there not some such law of average no Insurance would be possible, any attempt to furnish indemnity would be but the boldest gambling. What this law actually is no one knows, nor how it works, only that it actually exists. So the trees in the forest seem to be placed purely by chance, yet every sur- veyor has learned that they are located by some law, he knows not what, and that the number of trees to 234 — OF MUTUAL INSURANCE 286 the acre practically limits the length of the straight line he can see. In fact there seems to be no such thing as chance in the universe, if only a sufficient number of instances are taken, certainty will result. This holds true in the case of fires. ILLUSTRATIONS. Now as to risks. A business block in the ordin- ary small town will illustrate. The corner building, a brick, is exposed on one side by the next building, on the other is the open street. If that street is eighty feet wide, there is very little probability that a fire would cross it. The exposure would hardly be considered. If the street is only fifty feet wide there is a chance that a blaze on the other side might set the corner building on fire and there would be an extra risk which would be charged for. Again, if in the side wall of the building under consideration were several windows, in the lower and second stories, the risk would be greater than if there were a solid brick wall. If the building were frame the ex- posure would be enormously increased, and a frame block would make it still worse, so much so that the annual cost of insuring such a structure with its con- tents would go far towards paying the interest on the cost of a brick or stone building. Again in a brick block each building is exposed to danger from the other. If the walls between the buildings are only twelve inches thick, they will not be safe, but if they are sixteen or twenty four inches thick they will be effective. A wall three feet high 236 A HAND BOOK above the roof reduces the risk much below what it would be without it. The roof itself is to be consid- ered. If of shingles, it is much more likely to take fire than if of metal or slate. The companies would raise or lower the rate accordingly. The internal structure of the block is to be considered. The thick- ness of the walls has been alluded to, are these walls solid or are there doors from one building to an- other? Is there a stairway for each building or does one stairway answer for two or three buildings. How are the openings protected? If by common doors the danger is materially increased, if the doors are standard fire proof constructions, the increase is very little. Then the heating system comes in, the telephone wires and no end of complications beside, before the risk on the building is fully and finally de- cided so far as its own construction and exposure are concerned. FIRE DEPARTMENTS. Then there is the probability of extinguishing fire. The water supply must be taken into account. If there are city water works, plenty of apparatus, a paid fire department, the probability of a conflag- ration is reduced. If one or more of these may be absent, then the danger increases. In “unwatered” towns the risk is much greater. CONTENTS. The contents of the buildings must also be looked after. “Preferred stocks,’ ’ groceries, general mer- chandise, etc., do not increase the rates, but most OF MUTUAL INSURANCE 237 manufacturing does. The number of tenants has an influence on the risk as well as who they are. The proprietor’s family would not generally be held to increase a risk, but it may be otherwise with a tenant. The contents of the building also have their ratings. These depend on the probability of their taking fire and also on the probability of being in- jured by water. Then the probability of getting the stock out in case of fire is an important factor. A stock on the ground floor which is easily handled is much less liable to be a total loss than the same stock on the second or third floor or a stock of goods on the ground floor, but too heavy to handle. There is still another matter to be considered, the probability of aid in case of fire. People often wonder why the town dwelling house and contents get more favor than the same style of building in the country. The reason is that in case of fire in town there is a large force ready to help put out the fire and save the contents of the building, while the country dwelling is generally at a distance from all such help and is much more often a total loss. The probabilities vary not only in different towns and cities, but sometimes in different parts of the same state. There have been cities and towns where there was a law defying element which rend- ered it unsafe to insure property and from such the Insurance companies were obliged to withdraw en- tirely. The work just described is done by men who make a specialty of it. They have cultivated their powers of perception till they are able to see the 238 A HAND BOOK dangers which increase the risks and when they per- suade people to remove the cause of dangers they do a service to the public. This is often the case with defective electric wiring. Ignorant or careless work- men leave dangerous constructions. These the in- spector discovers, and threatens to rate the building accordingly if they are not made safe. Usually the expense of this is trifling. So in the case of expos- ures, a very small change in the protection may save many dollars in Insurance. The agent should study all these risks and the ratings and should think out the reason for the dif- ferences. He should be able to recommend changes which will reduce the risk. Sometimes, a very little thing may make a great difference. An agent in- specting a building found electric wires crossing so that the risk was extra hazardous. He was quick witted and taking a piece of discarded rubber belt- ing he invented arrangements which removed all danger. This is an example for others to follow. NO INCREASE OF RATES. A mistaken idea has become current that these men combine to increase the rates. This is incorrect. They do not fix rates, they only carefully and accu- rately describe the property and compute the prob- abilities of loss and leave the fixing of the rates to the various boards. They have reduced rates instead of increasing them. They are not in the employ of any company but sell their information just as the mercantile com- OF MUTUAL INSURANCE 239 panies sell theirs. As they sell their descriptions many times over they can afford to take a very low price. If each company were obliged to get up the description for itself the cost would he enormous. The first list would cost in the average state any where from ten to twenty thousand dollars and it would cost from three to six thousand dollars a year to keep them up. In the larger states the cost would he increased in proportion. No small companies could stand such an expense, they would all he driven out of business or else would be obliged to resort to the old practice of charging a survey fee as was done before this system came into general use. In either case the great companies would absorb the business, and the result would be an immense fire insurance trust. As was said above, the classification of risks is not setting prices on indemnity. That work is done by the local boards composed of the agents of the fire insurance companies. Occasionally companies do not go into these boards but fix their own rates. These are known as non-board companies. There are such companies doing business in nearly every vicinity. They generally use the same classification as the others. It is not possible to compile a list of rates which will apply everywhere in the United States. While a first class town or city is described in nearly the same terms all over the country, and the same is true of a first class building, and of the other classes of buildings and stocks as well, the actual rates as 240 A HAND BOOK charged by the companies vary widely in different states and sometimes within the same state, north- ern Michigan and northern Wisconsin taking differ- ent rates from the southern portion of the same states. Some of these variations seem to be caused by difference in climate, the longer winters in the northern states causing greater risks from stoves and furnaces and consequently requiring advanced rates. In other regions the increased hazard from prairie or forest fires has to he charged for, while in some portions of the country an uneasy social condi- tion causes hazards which must be taken into ac- count. Nearly everywhere, however, the local rates have become tolerably well known and it is safe to follow them till experience shows where they can be changed for the better. THE MUTUAL PROBLEM. With Mutuals the problem is to ascertain the cost of each class in each company in order that equitable rates may be charged. For example, tak- ing a farm dwelling house as a basis what should be the advance or deduction on other classes of prop- erty. It will be found by experience that the books of different companies will show very different fig- ures even in the same states. The only way to do exact justice in these matters is to keep a book ac- count with each class of property insured and to ad- just the rates accordingly. In this way it will be possible to furnish Insurance at cost, which is the end and object of every Mutual fire and storm Insurance company. F. J. MARTIN, SEATTLE, WASH. F. J. Martin is a yonng man of force and push. For a time he was connected with the Oregon Fire Relief Association, later he won distinction in the Mutual business at Seattle as the “push" of the Northwestern Mutual Fire Association, now con- nected with the National Association of Factory Mutual Insur- ance Companies. The statistics furnished for the Manual will be sufficient proof that Mr. Martin is one of the best informed men in the country. L. R. WELCH, FITCHBURG, MASSACHUSETTS. Mr. Welch is the secretary of the Fitchburg Mutual Fire In- surance Company. In this position he has been pre-eminently successful. He has an abundant supply of that Yankee shrewd- ness, which recognizes a good thing when it sees it. and is at the same time cautious enough not to disregard old methods simply because they are old, or to adopt new methods just for the nov- elty. OF MUTUAL INSURANCE 241 Every agent is occasionally obliged to measure the distance between buildings. The most accurate method is by chain or rod. These are seldom at hand. ‘ ‘ Stepping off ’ ’ is the method usually adopted. The natural step used in ordinary walking varies but very little, and one can easily learn how many steps are required for twenty, fifty or a hundred feet, etc. After a little practice, a man should be able to step off a hundred feet with an error of not more than three or four inches. But if he tries to make paces of three feet each the error will probably be several times that amount. And when using the nat- ural step no one will be able to see that measure- ments are being made. DEFECTIVE CHIMNEYS AND FLUES. These are frequent causes of fires in buildings, being outclassed only by ‘ ‘ accidental ’ 9 and “un- known.” And yet all such fires could be prevented by the exercise of a little care. If chimneys are properly built they will remain safe indefinitely. Whenever possible chimneys should rest on the ground. If supported by a bracket or floor, the wall to which the bracket is attached or the floor under the chimney should be supported in such a way that it cannot possibly settle. The chimney should have no support whatever above its base. It must not rest upon the floors or upon the roof or be in any way fastened to them. If it is, it will be sure to draw 15 242 A HAND BOOK apart when the building settles as it assuredly will. Nearly all defective chimneys are defective from this cause. Where the chimney goes through the roof the opening should be large and the flashing should he of soft tin. Then when the roof or the chimney settles, the tin will bend and there will be no break in either tin, chimney or roof. Chimneys are sometimes built with a projecting brick at each floor and at the roof. An extra rate should be charged for these. The breaks in these chimneys occur where they cannot be seen. The bricks rest upon the floor and the break takes place just under them between the floor and the ceiling below. Holes for stovepipes should be made with thim- bles and the flue stops should be so fastened that they cannot be blown out. Sometimes the artist who does the wall papering covers the stove pipe hole and forgets to put back the flue stop and collar. Where there is more than one hole in a chimney this needs looking after. Chimneys should be cleaned out frequently. Oth- erwise soot will accumulate until some windy day it will take fire and there will be a veritable volcano of sparks and probably a fire in consequence. If chimneys are smoothly plastered inside, so much the better. They will draw better, are much easier cleaned and are far safer as they are much less liable to crack. OF MUTUAL INSURANCE 243 THE MATCH. The modern parlor match is exceedingly danger- ous, so much so that its sale has been prohibited in New York City and perhaps elsewhere. It scatters sparks, or worse yet, the whole head flies off, setting fire to whatever it falls upon. As no others can he had in most places, these must of necessity be used. They should be kept out of the reach of children. By no means allow them to be scattered all over the house, if one is dropped upon the floor it should not be left, but picked up. There is something in matches which attracts mice and rats ; see that they are kept out of reach of these animals. People who habitually carry matches should use pocket match boxes. Tin boxes are preferable for keeping matches, though any box will answer if it is in a safe place and no box is good in the hands of careless people. STOVES, ETC. Stoves should not be close to woodwork and the floor should be protected with zinc or by some other effectual method. The pipes should go directly into the chimney if possible. If they pass through parti- tions they should be enclosed in tubes giving good air space around the pipe. A double tube (the pipe be- ing the inner circle) will make them much safer. These tubes should be well ventilated. The pipes should also be well wired and fastened, so that there will be no possibility of them coming apart or fall- ing down. When the pipe is not too long it is well to rivet the whole into one piece. Long pipes may be riveted in sections. 244 A HAND BOOK The make of the stove is important. The doors should have latches which will hold. Sometimes a burning stick of wood or lump of coal in the stove rolls over against the door. If the latch is imperfect, it may let the door open and the fire may fall out upon the floor. Sometimes such doors may be blown open by an explosion of gas in the stove. The open- ings for cleaning out the base of the stove should be closed by a cover which can be latched or buttoned, so that it cannot be blown out, and the pipe should be securely fastened to the chimney for the same purpose. Ashes should be put in metal receptacles and al- lowed to stand till they are thoroughly cool before they are finally disposed of. Wood ashes are some- times kept in the cellar. If so they should not be kept in wooden boxes or bins. They occasionally re- heat, especially when there is much unburned mater- ial mixed with them. A black substance like gas tar will condense in pipes which are out of doors or at a distance from the stove. It corrodes the iron and combines with it very rapidly, and while the pipe retains its shape, it becomes combustible and if the soot within takes fire it will burn. To test stove pipes for this danger tap them lightly with a small hammer. The sound will indicate the condition of the pipe and if it is much corroded the hammer will go through the iron. Where there is a liability to this danger, the stove pipes should be renewed at least once a year. OF MUTUAL INSURANCE 246 Especial attention is called to this matter. A stovepipe may, on the outside, appear as good as new but may be corroded on the inside till the orig- inal metal is entirely gone. The only safe way is to test all stovepipes frequently. INSPECTION BY FIREMEN. Inspection by firemen differs from Insurance inspection in disregarding classification, a matter to which the average fireman pays but little attention. His efforts are directed to ascertaining where fires are likely to break out, and to removing the causes of danger. He looks first at the outside of the building, is it neat and in good order ? How are the surroundings? Where are the ashes kept? What are the exposures ? Are the chimneys above the roof in good order or is the smoke pouring out through Cracks? How is the roof secured to the chimney? If by flashing, is it in good condition? If there are chimney caps, are they well secured? Are the chim- neys high enough to keep the sparks clear of the roof I How are the windows, and shutters or screens ? Can a draft through the house be shut off if neces- sary? Where is the water supply in case of fire? How are the foundations constructed? THE CELLAR. Noting carefully all these, the fireman next goes inside and beginning with the cellar, examines the house, room by room. Is the cellar neat and clean or is it a receptacle for old rubbish? Is the coal oil 246 A HAND BOOK kept there? The gasoline? Are there paints, oils, turpentine, etc. ? Is there a pile of greasy rags liable to cause spontaneous combustion? How is the cellar lighted? If it is necessary to use lamps are there shelves or brackets on which to put them, or must they be carried around ? Do the chimneys run down through the cellar, and if so are the openings proper- ly secured? Are the chimneys sound and solid where they pass through the floor? If there is a fireplace is it so secured that burning soot, etc., falling down, cannot roll out upon the floor and set things on fire? TOE FIRST FLOOR. Next comes the first floor. Are the stoves set upon zinc or some other non-conductor to prevent setting fire to the floor? How far are they from the wall ? Have they dampers in the pipe ? Do the latch- es on the doors hold them shut, or do they fly open easily? Are they liable to blow open? Is the small door for cleaning out the back part fastened proper- ly or is it left loose? What kind of fuel is used? Are the stoves kept clean, or are they full of soot? Are the pipes properly fastened? Do the joints match, or are there open places ? Are they wired to the chimney, or are they loose and liable to fall down? Do they fit closely into the hole in the chim- ney? Do they go through floors and partitions? If so, are they properly secured, and do they pass through suitable metal constructions to make them absolutely safe? Will they bear a blow from a small hammer or are they rusted and rotten? How about OF MUTUAL INSURANCE 247 stove pipe holes, are they furnished with thimbles? When not in use are they closed with flue stoppers which cannot come to pieces and blow out? Is the stove pipe hole in the parlor closed with a flue stop- per, or has the wall paper been pasted over it and left— and forgotten? How are the chimneys where they pass through the floor ? Are there any cracks ? Do they rest on the floor or are they sufficiently free that unequal shrinkage will cause no damage? Are those which rest on brackets solidly constructed^ Where the pipes enter from below is there a plate of iron or stone to make sure against cracking or other accident? What sort of lamps are used and where are they kept? Are they bracket lamps and if so, are they where the curtains can blow against them? Are the larger coal oil lamps used ? The gasoline lamps ? Is gas used, if so are the pipes solid and sound and ac- cessible in case of leak? If electricity, are the wires properly insulated ? Is there any place where water running down in a storm can reach the wires and make a short circuit? Is the telephone wire ground- ed against lightning? Are there lightning rods on the house and are they in good condition? Where are the gasoline and coal oil kept? Is artificial light kept away from them? What kind of matches are used ? Are they out of reach of rats and mice ? Can the children get at them? Do they use coal oil to kindle fires? Where is the gasoline stove and what condition is it in ? Are there inflammable substances 248 A HAND BOOK about? Are the cobwebs swept down? Are the eaves troughs kept free of leaves and sparrows’ nests? THE UPPER STORIES. The inspection of the upper stories is like that of the first floor as far as it goes. The chimneys should be carefully examined for cracks, the stove- pipe holes thoroughly inspected and the flue stops as well. This is more important, if possible, than are the lower floors, for in case a chimney burns out or there is an explosion and the flue stops fail to confine it, a fire might ensue which would probably get be- yond control before it was discovered. If there is a garret, what shape is it in? Look around the edges and see what is stored away there, is there a bundle of oil shades, a suit of greasy over- alls, or anything else liable to set itself on fire ? What is the condition of the chimney? Is it fastened to the roof so that it rests upon it ? Is the mortar sound or are there cracks ? BAD CONSTRUCTIONS. In some story and a half buildings the second story is made by running scantling up a few feet above the floor, then following the rafters and put- ting in a ceiling overhead in the center. Sometimes this ceiling has no opening. Where this is the case, it should be insisted on that an opening be made so that the chimney can be inspected where it passes through the roof. In one story buildings there is sometimes a worse construction. The chimney is OF MUTUAL INSURANCE 249 built on the joists overhead and at one end to have better support. The stovepipe is then put in position and the lathing and plastering completed so that the pipe is actually built in and there is no way of getting into the space above the ceiling to inspect the pipe or chimney. Such a risk should be declined until the defect is remedied. This sketches an ordinary inspection. And in the average of country dwellings in over fifty of every hundred the firemen will find something to remedy. If the owners of dwellings could be induced to inspect their premises every spring and fall after stoves are taken down or put up, there would be a large reduction in fire waste and a corresponding diminution in expense. EXCEPTIONAL CASES. People speak of the New York fire, the Boston, Chicago and Baltimore fires as exceptional occur- rences, as dangers to which they themselves are not exposed. But those who suffered in these great dis- asters talked in the same way before the conflagra- tion came. Even when the fire broke out there was at first but little alarm. Not till hours or days had passed was the extent of the damage realized. Nor are unusual and unexpected destructions confined to fire waste. The sea is swept by gales and the list of vessels wrecked and vessels never heard from surpasses all previous records. A stream is bridged. The structure is placed above the high- water mark of the oldest inhabitant. But some day the rains come and the bridge goes down the stream. 250 A HAND BOOK The hailstorm or tornado records show that within the areas where these storms prevail, for twenty, thirty or even forty years, certain tracts of land have been exempt, and the average loss has been below a certain percent. At great expense all this has been tabulated and mapped, but the informa- tion so gained is sooner or later set at naught by the exceptional season. These occurrences must be taken into account if safe indemnity is to be furnished. Every one of the great fires mentioned above bankrupted Insurance companies which had unimpaired capital and good reserves, and which were considered as out of reach of all dangers. So with Insurance against storms. The cases are parallel. The inference from these facts is that the tables which are accepted as a basis for rates in the confla- gration and storm areas do not cover a sufficiently long experience, that there is still an unknown and contingent risk in addition to what has been consid- ered the average loss. The question at once arises, what shall be done to provide for this hazard, for it is when these fearful devastations take place that in- demnity is most urgently needed. In the case of storms, as in other operations of nature, man can do nothing to reduce the hazard. Those who have given the matter the most consideration recommend the ac- cumulation of a reserve. Hail companies generally favor it, and the plan will probably be adopted. The scattering of risks is also suggested and is evidently OF MUTUAL INSURANCE 261 a prudent measure. Time is needed to settle this question. CONFLAGRATION RISKS. With conflagration risks the case is different. Something can he done to improve the character of the risk. Slow burning constructions can be adopted. Fire proof buildings are beyond the means of ordi- nary builders at present, but experiments now in progress seem to indicate that material may be had which, while not fire proof in the strict sense of the word, will burn so slowly that fire can be put out be- fore it gains much headway. The style of building in vogue at present is apparently the result of a com- petitive contest between architects as to which can produce a structure which will burn up in the short- est time, and in which all were entitled to the highest prize. The Iroquois theater disaster in Chicago, hotel holocausts in several cities and other similar occurrences, are waking up the public to the necessity of changing the methods of construction not only for the purpose of reducing the loss of property, but for the saving of human life. NEW ENGLAND MILL MUTUALS. The example of the mill mutuals of New Eng- land, the pioneers in the work, should be followed in all other lines. The fire waste is enormous. A time of depression, after years of prosperity, is a time of fires, a conflagration risk for the local organizations. And to prevent this should be the study of every 252 A HAND BOOK Mutual officer and policy holder in the land. It is much cheaper to guard against loss than it is to pay for it after it has occured, and this should be the in- spiration of those who are trying to reduce the con- flagration risks. Few people who have not given especial thought to the matter have any idea of the useless fire waste of the country. It is probable that this can be re- duced, and it is not too much to say that if proper means are taken a sum can be saved annually equal to one dollar and twenty-five cents for every inhabi- tant of the United States at the very lowest estimate. SPECIAL CASES. GASOLINE. Gasoline is exceedingly inflammable, and when mixed with air in the proper proportions is explosive. The force of these explosions can be estimated from the fact that a pint of gasoline properly exploded in the cylinder of an engine will furnish one horse pow- er for an hour, that is it will furnish a force sufficient to lift 33,000 pounds 60 feet high in an hour. The result of an explosion is generally the scattering of burning gasoline in every direction and a destructive fire generally ensues. But danger from gasoline can easily be avoided. First see that all the containers, pipes, faucets, etc. are strong and air tight, and then keep a sharp look out for leaks or breaks. Second, keep your gasoline up high and out of doors. The vapor of gasoline is heavy and will sink. OF MUTUAL INSURANCE 253 hence it should never be kept in a cellar. Gas engines should not exhaust into a chimney but out of doors. The best place to keep a gasoline can is in a box out of doors, where the wind can blow away all the vapor. Many keep their gasoline on a porch. This does very well, in fact, it will do to keep it anywhere so that the vapor can blow away. Third, be careful about slops and running over. Don’t fill your vessels or tanks too full. Sometimes when a stove tank is filled up with cold gasoline the fluid expands as it warms and then runs over. This has caused a great number of fires. But if a slop or such run-over occurs, put out all fires and lights at once, wipe up the spilled gasoline with a dry cloth, wipe it up clean, let the air circulate a few minutes and all will be safe again. But whenever you are drawing gasoline or filling a tank, have no fires or lights about. Should the tank catch fire throw the whole thing out of doors. You will have time to do this if you work quickly. Fourth, look out for the wind, especially when you are using more than one burner or when there is another fire or a light in the same room. A puff of wind may extinguish a burner. It will cool off and the flow of gasoline will soon form a pool beneath it. As soon as this extends below the other burners an explosion will take place. With common sense and common carefulness there need be very few accidents from gasoline. If gasoline is spilled, wipe it up quickly with a dry cloth and throw the cloth out of doors. This is 254 A HAND BOOK also the best method in dealing with a small blaze. Flour or dry ashes thrown upon blazing gasoline will do as much toward putting it out as anything else. It may also he smothered out with a wet blanket large enough to cover the whole blaze, hut water thrown upon it only makes the matter worse. This applies to kerosene also. COAL OIL. Coal oil, though not so explosive as gasoline, needs careful handling, especially where there is no efficient system of inspection. Much of the coal oil sold in such localities is no better than gasoline. The highest grade of coal oil is not inflammable at ordi- nary temperature. It will extinguish a burning match thrust into it almost as quickly as water. But such oil is not generally obtainable. Unlike gasoline, at common temperature, coal oil gives off no inflam- mable vapor, or very little and when ignited, does not blaze up very quickly. But when heated, it becomes inflammable. While the great danger from gasoline is not so much in using it as having it around, the great danger from coal oil is in using it, there being very little danger in having it on hand. The danger arises from breaking or upsetting of lamps, and the consequent flow of heated coal oil which takes fire at once, and also from the liability to overflow, and from the explosion of some kinds of lamps and stoves. The German student lamp and similar makes are perfectly safe with coal oil. The ordinary single burner hand lamp is sometimes up- OF MUTUAL INSURANCE 255 set and broken, but it is rarely subject to any other accident. If made of metal instead of glass it would be safer. LARGE LAMPS DANGEROUS. But the large lamps, holding from a quart to a gallon and with wicks of corresponding size generate an enormous heat. Sometimes this causes the forma- tion of gas inside the lamp and the consequent pres- sure forces the oil up through the wick faster than the blaze consumes it. This catches fire and runs down over the body of the lamp and heats it till it explodes. All coal oil burners should be kept clean. The drip cup of the student lamp should be emptied fre- quently and the wick kept in good condition. No ac- cumulations of gum or filth should be tolerated. Lamps brought into a warm room from a cold one should be watched till they get warm. The heat sometimes expands the coal oil more rapidly than the wick takes it out, and then it runs over and makes trouble. Never set a lamp near a very hot stove. When buying a large lamp make the dealer guar- antee it not to heat. After it is taken home and it has been burning for an hour or so, put a finger on the bowl near the burner, if it is hot enough to be un- comfortable, the lamp is unsafe, and should be re- turned. Should a lamp take fire, throw it out of doors at once. Should coal oil be spilled and take fire, smother it with cloths. Do not throw water on it. Dry ashes, sand, earth or flour is splendid in putting 156 A HAND BOOK out all kinds of fires, from gasoline, coal oil, fats, turpentine, varnish, etc., throw it on thick. Next to this is a wet blanket, but as said above, do not throw water on such a fire. LAMPS, GAS, GAS MACHINES, ETC. In all lamps and other devices for producing light by combustion, a gas is burned. This is true of the tallow candle. The heat of the flame slowly melts the tallow, the wick draws this up close to the blaze where the heat vaporizes it. It is then a gas and burns as such. The main difference is in the com- plexity of the process, the distance between the crude material and the point of combustion and the tem- perature at which the tallow, oil, or whatever it may be becomes a gas. In the candle, and in the wick using lamps the whole process is in contact with the wick, while in gas machines and many so called lamps and in gasoline stoves the gas is generated at one point and burned at another. In the ordinary lamp the gas is generated at the point of combustion and the oil is supplied by the wick. In lamps with a deep bowl, when the oil is nearly exhausted the wick has to raise it so far that it comes up slowly and the flame burns low, and the upper portion of the bowl becomes dangerously hot. To obviate this the student lamp was invented. The burner is placed at one end of a tube a few inches long and at the other is the oil in an inverted tank. As it is consumed by the burner, bubbles of air travel through the tube and into the tank, releasing a sup- OF MUTUAL INSURANCE 251 ply of oil as it is needed. Thus the oil is always cool and there is no accumulation of hot gas in the burner. Should the lamp be upset, the oil rarely runs out. The burner exhausts itself and the flame dies out in a few seconds. This is believed to he the safest lamp made. The same principle has been adopted by the makers of some styles of gasoline lamps but these are not safe, as gasoline does not work like coal oil. There are other methods of supplying the oil or gasoline; one is by gravity, regulating the amount by a stopcock, in another, air pressure is furnished by a small pump. This pressure drives the flow up to the point where it is wanted. Neither one is safe. The use of the wick has already been explained. The formation of the gas is now to be considered. When coal oil or gasoline is used the gas is either made by heat or is simply a mechanical mixture of air and vapor. In gasoline lamps, stoves, etc., the burner is heated to the proper point, the gasoline is turned on and lighted and then the burner keeps it- self hot. This gas must be used very close to where it is generated. When it is desired to burn gas at a distance from where it is generated, as in lighting several rooms from the same generator, conveying the gas by a sys- tem of pipes, the proper mixture of gasoline and air is secured by mechanical means. There are many inventions for this purpose and the best method of discovering the defects of any one is to ask the agents of another make. The mixed air and gaso- 16 258 A HAND BOOK line which is used in this system sometimes con- denses, but if the pipes are so arranged that they drain back into the generator, this will make hut lit- tle trouble. But the generator should he out of doors and in a brick or stone structure not under ground and not liable to freeze. The pipes and fixtures should be carefully put up and kept in order. If there is a leak it will betray itself by its odor. ACETYLENE. Acetylene is an entirely different affair. It is made in practice by bringing water in contact with a substance known in the market as carbide of calcium. The gas is then given off. There are several patents on machines for making acteylene but all machines either pour the water on the carbide or put the car- bide in the water. The gas when it comes off is caught in the reservoir attached to the generating apparatus and forces the water out. When the water level is forced below the carbide, the production of gas ceases till it is drawn off and the water rises and again reaches the carbide. This gas differs from gasoline vapor in many respects. It is lighter. While gasoline vapor re- mains on the floor, acetylene ascends to the ceiling. It is much more explosive in mixture with air and a much lower heat will ignite it. A glowing coal or even a cigar will explode it. The generating appara- tus of gasoline, if kept by itself, is not dangerous. Acetylene gas machines give off heat and the appara- tus may become hot enough to explode. Gasoline OF MUTUAL INSURANCE 259 will stand all kinds of shocks. Under pressure, a heavy shock will explode some forms of acetylene. The generating apparatus must be handled with much more care. It is not permitted by many com- panies. The manufacturers of all lamps and gas ma- chines advertise them as “ absolutely safe.” This is generally an atrocious falsehood. There is no such machine, no such lamp. Some are only reasonably safe in the hands of experts, others can he managed by ordinarily careful people, but not one is fire proof or fool proof. Agents who have had no experience with gas machines or gasoline lamps should refer the ques- tion of their use back to headquarters. NATURAL GAS. This gas should have a pressure regulator either at the burner or at the mains. Otherwise it is dan- gerous and should be uninsurable. The flame of an unregulated burner may be three inches long at nine o’clock in the evening. As the other lights are turned off the pressure may increase till at one o’clock in the morning the flame may be two feet long. Insist on regulators. Ordinary incubators are not insurable. ELECTRIC LIGHTING. Electricity is coming into use everywhere. It is not a power in itself but a mode of transmitting power and also heat. What it is, no one knows, and 260 A HAND BOOK while something is known about its manifestations it is evident that there is much yet to learn. The dangers from electricity arise from insuf- ficient, defective, or worn out insulation, overloading of wires, breaking, tearing loose, and consequent crossing of wires, or contact where there should he none. When a current is run over a wire too small for it, the wire becomes red hot, perhaps burns and sets fire to everything near it. When wires break loose as when poles blow down in a storm the cur- rents are liable to cause heat and consequent fire. The efforts of builders to do work too cheaply and their use of inferior material are the causes of most of the accidents which happen. Electric work should be inspected by an expert and no inferior nor imperfect construction should be accepted. Properly put up it is as safe as any other, but the ordinary agent should not undertake to decide that question himself. SPONTANEOUS COMBUSTION. Combustion is the burning which takes place when oxygen combines with some other substance. The heat evolved appears to be the same in quantity whether this burning be slow or fast, but the more rapidly the oxygen is absorbed the higher will be the temperature. Most substances at ordinary tempera- tures absorb oxygen very slowly or not at all. WTien heated, the absorption is often rapid enough to raise the temperature so much that the process will go on of itself. Wood and coal are illustrations. OF MUTUAL INSURANCE 261 There are substances which absorb oxygen with sufficient rapidity to develop heat and as this heat increases the absorption increases also till fire breaks out. It is with this kind of spontaneous combustion that insurance men are concerned. The most dan- gerous substances are the oils and fats. In bulk they are not liable to change but when a large surface is exposed to the air, especially in warm weather, they are sure to develop heat. This is the reason that greasy rags, oily sawdust, etc. so frequently cause fires. The drying of some oils is not evaporation at all, but a chemical combination with the oxygen of the air. If this combination takes place under favor- able circumstances the final result will be a blaze. Hence the necessity of care in regard to these mat- ters. A somewhat amusing account of a fire originat- ing in a greasy wrapper taken from a ham and care- lessly thrown into a waste barrel will be found in the extracts from Mr. Atkinson’s article on Protection Against Loss by Fire. It shows how small a quantity of greasy substance is necessary to start a fire. Oiled window shades are sometimes stowed away in closets. This is never safe. If they are to be preserved they should be hung up singly and where the air can get to them. The safest plan is to burn them. Sawdust is occasionally used to absorb spilled liquids. It should be burned at once. Hay stowed away when damp and, especially alfalfa and clover, is sure to heat. These frequently take fire, and if they do not they send up a column of 862 A HAND BOOK warm vapor which is an excellent conductor and at- tracts lightning. Heaps of wood ashes will frequently reheat. They should not he kept in the cellar nor in wooden receptacles. Kerosene products have no affinity for oxygen and are not liable to spontaneous combustion, at least so authorities claim. Axle grease is largely made of petroleum pro- ducts. These have no affinity for oxygen and do not develop heat. Lubricants composed wholly or in part of animal oils are dangerous. Not long since a whole- sale drug store was burned. Investigation showed that the fire developed in a box of axle grease. It was probably composed of animal oils. THERE WERE NO FLAMES. How far the liability of the company extends has been decided by a court of the United States as follows : The United States court of appeals at St. Paul has handed down an opinion rather novel but of vast importance to insur- ance companies, and decides the question as to when an insur- ance company is liable for fires resulting from spontaneous combustion. The court held that “fire is always caused by combustion, but combustion does not always cause fire and while combustion may be so rapid as to cause fire that combustion is not fire until actual flames appear.’ ’ This opinion was handed down in the case of the Western Woolen Mill company of Topeka against the Northern Insurance company of London which was appealed from the federal court of Kansas which had rendered an opinion in favor of the insur- ance company. OF MUTUAL INSURANCE 268 The Northern had two policies of $5,000 each on wool owned by the Western Woolen mill which went through the flood of two years ago. After the wool had been under water for eight days it was taken out and spread out to dry. Spontaneous com- bustion set in and while there was a strong odor of smoke and burning wool, actual flames did not appear, but the wool was ruined. By this decision the Woolen Mill company cannot recover under their policy. In cases which were too small to be carried to the Federal court the local courts decided the other way. If that is established as the general rule, and Insurance companies are not to be held liable when the property is charred and there is no visible fire there will be an additional reason for watchfulness. The loss in cases like the above will fall upon the owner who will have no recourse. The whole subject is now under investigation and much more will be known about it when the ex- periments are concluded. TENANT FARM RISKS. On rates to be charged on property occupied by tenant farmers there is no consensus of opinion, and no rule of action. Some of the old line companies are reported as adding fifty percent to the rate in some localities, others a third and so on. Among Mutuals there is a wide difference also, and an equal lack of system. Many ignore the fact of the tenancy and charge the usual rate. The question is not simple. It is complicated by several elements. There are two men to reckon with instead of one. If either is careless, quarrel- 264 A HAND BOOK some or heavily incumbered, the hazard is increased. If both are thus objectionable it should probably be declined. The character of the tenants is of importance, and this varies with localities and surroundings. When real estate is so high as to shut out the tenant from all prospect of owning a farm, the renters will not be first class risks as a rule. On the other hand, when land can be had at reasonable prices many young men start out as renters looking forward to the time when they shall have accumulated means enough to make the first payment on a home. Such men are the best of citizens and are as good risks as any. RISKY PROPERTY. The method of holding such property by the owner should be considered also. If held as an in- vestment it will probably be occupied by a first class tenant on a five-year lease. But if held for specula- tion only it will be held from year to year and first class tenants will not touch it. If the landlord is avaricious the risk is still worse, in fact the rented property of a skinflint owner is a very bad risk. Especially large and fine buildings are always extra hazardous. Along in the eighties when the craze for mortgages swept over the country there were an immense number of costly buildings erected on the western prairies. Many of the mortgages were foreclosed and the property fell into the hands of non-resident owners. It was rented, but the build- OF MUTUAL INSURANCE 265 in g was a source of expense instead of revenue. It ran down, became dilapidated and a huge bill of re- pairs loomed up in the future when one day it went up in smoke and the Insurance company paid for it. That such incendiary fires have been common, there is strong suspicion. In all such cases, over-large or unused buildings of any kind will prove dangerous risks and should generally be declined. A flat advance of fifty percent on the regular rate does not seem just. There are probably locali- ties where it is a fair average advance, but generally it would be too heavy on the long leases to first class tenants and too light on the class of careless or un- principled landlords, whose property should be de- clined. Nor would the same rate fit any two localities. Perhaps the best plan it to organize an inspection division and then rate each risk on its merits invari- ably insisting that the company should be notified in case of a change of tenant. Nowhere is the common sense and business abil- ity of the agent of more value to the company than in cases such as these. He can pass upon the merits of each application far better than the home officer and his judgment will be good on nearly every case. Neither the tenant nor the owner of tenant prop- erty must be deprived of the privileges of Mutual Insurance, but it is generally conceded that the haz- ard on the personal property of the tenant and the 266 A HAND BOOK buildings of the landlord would be less if the owner- ship of both were the same, and some allowance should be made for this difference. CITIES AND TOWNS. Cities and towns are classified according to their exposures and to the means of extinguishing fire. It is somewhat remarkable that though the prevail- ing winds make a north and south exposure especial- ly hazardous, people rarely build on east and west streets, except when forced to by the crowding of large cities. This adds somewhat to the conflagra- tion risk, but it cannot be helped. First class cities are those which have good light and water systems, efficient police, paved streets at least seventy-five feet wide in the business portions, and a paid fire department. This means that there are police to discover a fire, a fire department ready to put it out, paved streets to make it easy to get the engine to the fire and plenty of water to use when the firemen get there. For any deficiency in these respects a deduction is made. The second class cities must have good water supply with direct pressure, steam fire engines, paid and volunteer fire departments, otherwise as in the first class. If the city has no water works and only hand or chemical engines and no paid fire department it drops to the third class but the business streets must be eighty feet wide. OF MUTUAL INSURANCE 267 If there are no engines or fire department it drops to the fourth class with a charge for extra ex- posure if the streets are less than eighty feet wide. The basis rate in the first class is usually in- creased ten cents on the $100 for the second class, twenty cents for the third class and thirty cents for the fourth class. If the streets are wider than the limit given above a small reduction is made, if nar- rower, an extra charge is made. Buildings are variously classified in different cities. Class A, is generally a brick or stone building with heavy fire walls, all openings closed with heavy iron shutters, metal slate or other fire proof roof, and absolutely no outside woodwork of any kind whatever. Absence of iron doors and shutters re- duces the building to the next class. The ordinary brick building with shingle roof is another class lower. The next class is the ordinary wooden building. This is rated the highest. But if it is iron clad with metal roof, the rate will be lower. A lower rate will also be given if the building is veneered with brick and has a metal or slate roof. Then there is the exposure risk, the risk from several tenants, the risk from contents and the risk from business carried on, any of which must be con- sidered. HEATING BUILDINGS. Three methods are used— hot air, steam and hot water. Each has its advocates, but from an In- surance standpoint there is but little choice. 268 A HAND BOOK Faulty constructions are frequent. The fur- naces should be made so that they will not emit gas or sparks, the doors and other openings should be secure against accidental opening, the chimney should be large enough and the draught good. Where the furnace is built with the house the chimney is generally properly constructed, but when a furnace is put in a house built to use stoves, the chimney may be too small. The furnace itself may be too small. Competing bidders, in their anxiety to get business, not unfre- quently recommend too small plants. When a cold snap comes, the furnaces are over driven and the result is a fire ; cause , 4 1 overheated furnace . 9 9 There should be a clear space around the fur- nace and in this no rubbish should be allowed to ac- cumulate. The best constructions are enclosed in brick built on a solid foundation, with as few open- ings as possible. The thicker this brick wall is the safer and more economical the furnace will be. The chimney should rest on the ground, and the connections with the chimney should be heavy and se- curely fastened. They should be as far from the joists overhead as space will permit, four or five feet, if possible, and then the joists and flooring should be protected by zinc. If it is necessary to place the chimney connections nearer the floor there should be a double protectiin of tin or zinc. Many furnaces are placed in the smallest possi- ble space, with no room around them and close to the floor overhead. Such hazards are excessive. OF MUTUAL INSURANCE 269 The pipes, whether for hot air, hot water or steam, should be at least six inches from any wood work. The registers should rest upon some non- combustible substance and not upon the wood. In all cases where the pipes in the cellar are within a foot of woodwork, there should be a sheet of metal inter- posed. It is difficult to convince the ordinary citizen that hot air or steampipes can char wood and start a conflagration but it is a well demonstrated fact. Even blood heat will in time carbonize soft wood. Charcoal has the peculiar power of absorbing gases. It is upon this that much of its disinfecting powers depend. When its pores are filled with gases it is exceedingly inflammable, and steam heat has been known to ignite it. A RECENT CASE. A recent case will illustrate the dangers. A school house was built in a western town. No expense was spared to make the building as complete as pos- sible. A hot air furnace was put in. The joists were 2x12 and the tin hot air pipes were run between them. The registers were placed in the wall and rested on wooden supports. So confident were the school board that their building was safe that they only took out $2,000 Insurance on a cost of over $4,800. Within three months they had a fire. It was but small and the loss was settled. But an in- spector for the company being in the neighborhood a short time after the fire, made an examination of the 270 A HAND BOOK building. He at once discovered the hazardous con- dition of the heating apparatus. On removing the registers from their places in the side wall the sur- rounding wood work was found to he badly charred. The directors were given thirty days to change the hazardous construction or to procure new Insurance. Meanwhile the company only assumed liability for fifty percent of the policy rates if a fire should occur. There is not the slightest doubt that the school house would have burned within a year, had not the changes been made. But always and everywhere Insurance men should be on the lookout for wood in proximity to heated objects. It will certainly char, and is sure to take fire if given time. PREVENTABLE FIRES. The state Insurance superintendent of Maine has issued a carefully classified list of fires for the year 1903. Among them the following are found: Ashes 28, burning out of chimney 95, children play- ing with matches 38,. defective chimneys and flues 257, mice, rats and matches 6, sparks from chimneys 76, sparks from match 50, making 550 out of a total of 1960. Other states present similar figures. Nearly every one of these fires could have been prevented by reasonable care. It is not difficult nor expensive to provide receptacles enough to hold the accumulations of ashes for twenty four hours. At the end of that time they will be cooled clear through. Coal ashes do not reheat and may be emptied any- OF MUTUAL INSURANCE 271 where. Wood ashes are still used in many house- holds and are often kept in the cellar. If metal re- ceptacles can be had there is very little danger in this practice, if not, they should be emptied on the ground, not in boxes or on a wooden floor. Chimneys can be made safe. Some one should stand over the builders and see that their work is properly done. The chimneys should be inspected frequently to see if cracks develop. The flue stops should be so fastened that they cannot be blown out. Stove pipes should be so fastened when they are put up that they cannot get apart and fall down. If the chimneys are kept reasonably clean there will be lit- tle danger from sparks. In fact, if common sense and a little care is used the fire waste of the country might be reduced by at least forty millions of dollars. These figures are of interest to Mutuals, for it is along the line of saving expenses and reducing fire waste that the Mutuals will do their best work. There is another cause of fires, incendiarism by tramps and discharged workmen. The tramp goes into a stable to light his pipe, or to have a smoke. The match spark smolders for a while and then the blaze breaks out. An employe is discharged. Thirst- ing for revenge he lays a plan to burn his late em- ployer ’s property and carries it out at the cost of the Insurance company. There have been times when farmers dared not refuse the demands of tramps for 272 A HAND BOOK food lest their buildings should be burned. The tramp evil is much less than is was but there is still too much of it. rARM BUILDINGS. In answering the question, ‘ ‘ What is it worth ?” both agent and adjuster are frequently called on to estimate depreciations. This estimate is often a question of fact, instead of theory. The old fashion- ed farm dwelling with slate roof, built with heavy timbers used in days gone by, if taken proper care of is as good for all practical purposes as it ever was. Yet changes of style, relocations of market towns and of country roads may have rendered it unsalable and a bad risk at even half its cost. But otherwise, it may be worth as much as ever for the depreciation of such a building is almost nothing. These dwellings are usually not as solidly built as the houses of half a century ago, and are liable to be racked by heavy winds. The foundation also has much to do with the matter. A solid foundation resting on rock or some stratum which does not give will add much to the length of life of a building. In some sections the surface is underlaid with a clay subsoil which swells with every rain and never re- sumes its former place. Unless the foundations go below this the doors and windows will need adjust- ing after nearly every rain. The twisting and wring- ing consequent on the changes in this subsoil weaken a building very rapidly. Taking all these matters into consideration it is hardly possible to fix an exact s. g. mead, McPherson, Kansas. Mr. Mead is a retired newspaper man, having been in the business almost forty years. He made a specialty of sociological studies, along the line of fraternal and co-operative organizations and is an enthusiastic advocate of Mutual insurance, co-operative stores and all similar enterprises. J. B. HERRIMAN, DES MOINES, IOWA. J. B. Herriman, secretary of the Iowa Mutual Tornado Asso- ciation, the largest concern of its kind in the world, is recognized as one of the foremost figures in the field of Mutual Insurance. He has been secretary of the Iowa Tornado Mutual from its in- ception. and has done more than any other man to build it up to its present proud position. Mr. Herriman enjoys the confidence and affection of his associates and the respect of the public to a remarkable degree. OF MUTUAL INSURANCE 173 figure for depreciations. The range is from one to three percent annually and must be increased for the cheaper class of buildings. Barns, unless very strongly framed, will depreciate from three to four percent. If the buildings have been carefully looked after by the owner, and have been kept in good condition, the amount expended in repairs may be deducted from the depreciation. Buildings occupied by tenants are apt to run down more rapidly than when used by the owners alone. The tenants have not the interest in keeping up the buildings and sometimes they are careless. Public buildings are usually not as well cared for as they should be, and ordinarily will decrease in value from two to three percent a year. HOW TO ASCERTAIN. The agents and adjusters will have the best suc- cess in ascertaining values if they make their own tables of depreciations. Every new house in their locality should be carefully noted, its dimensions and cost taken down. From these notes a very use- ful cubic foot table of cost may be computed. It will also be possible in many cases to ascertain the orig- inal cost of old buildings and also the date of con- struction. A fair estimate of present value can often be made and from these data the desired information 17 274 A HAND BOOK can be deducted. Such tables will be far more useful than any to be found in the books usually considered authorities on the subject. OTHER BUILDINGS. With the mercantile or manufacturing buildings in cities and towns use has much to do. Heavy or rapid running machinery will reduce the value of a building very rapidly, especially if the building is a light one. So will the storage of heavy goods. In fact almost any use for which a building was not intended causes extra wear and tear. Unoccupied buildings depreciate rapidly. But the cost is not always a safe basis to start from. There are places where the first lumber was hauled in on wagons and where the first workmen received any wages they were pleased to ask. After- ward, when railroads came in and wages resumed the normal condition the same buildings could have been put up at a fraction of their original cost. On the other hand, the advance in the price of lumber, of late years, may make an old building worth as much as it was when newly built. In cities and towns, buildings and lots are sold together and without much regard to cost. Resi- dences bring prices according to locality. The fash- ionable part of town is a high priced region. Much frequented corners are also held at high figures so that very little indication of value of buildings is furnished by sales. The whole question is one of careful observation, good judgment, and good hard sense. OF MUTUAL INSURANCE 275 DEPRECIATIONS. Carpets will last ten years in bed rooms with a careful family. In the parlor and living rooms they will wear out in four years if the family is large and if there is much company. Economical people save some expense by changing carpets from room to room as they become worn. Good furniture carefully used will last ten years on the average. The parlor set, if shut up in the dark, as it sometimes is, will last much longer. But it gets out of style and that reduces its value. Country stores generally carry a mixed stock. Hardware, groceries and staple goods depreciate rather slowly. But millinery gets dirty and out of style, clothing loses value owing to change of fash- ion. Last year’s goods in any line are at least five percent off, clothing should be discounted twenty-five percent, millinery fifty, queensware and crockery ten percent and notions twenty-five. These deductions will not be too large. FARM MACHINERY. On the average, the life of farm machinery is five years. Steam boilers, cookers, threshers, trac- tion engines may all be counted in at that. The cause of this rapid loss of value is, in the first place, that much of this machinery is very shabbily made, and secondly, that the people who use it are usually not mechanics. Machinery is left out of doors ex- posed to the weather. The ground beneath it is water soaked, some wheels sink more than others, the S76 A HAND BOOK whole thing may become twisted, the journals bind and the wear is enormous. Of course there are some who handle this machinery better but the average as above stated will be found nearly correct. But after all, the question is not one of rule or theory but of actual fact, and to ascertain the fact is the question for the agent and the adjuster. NEW DISCOVERIES. These have an important influence on classifica- tion. An illustration is to be found in the use of coal oil for fuel. It changes the risk materially, increas- ing the hazard. Should a safe method of feeding the oil to the furnace be introduced then the risk will change and the charge for the extra hazard may be dropped. New materials, new chemicals, all must be examined, and if found dangerous must either be charged for or made safe. The same is true of speed- ing up machinery, it increases the hazard. Changes in water supply must be looked after, if there is better fire protection the risk is safer. The introduction of new chemicals needs watch- ing. Carbon di sulphide is being used for many pur- poses. It is exceedingly dangerous, and should not be allowed except in minute quantities. And as time passes, new changes and new hazards appear. There is only one safe plan, to be continually on the watch and to test everything which is new. It is not necessary that each company test every article for itself. This would be very expensive. A joint arrangement, such as is made by the New Eng- land Mill Mutuals, would provide for this work at a very small expense. CHAPTER XIV. THE POLICY AS A CONTRACT. In making and executing contracts, fairness should be kept in view. It is possible to so entangle an agreement with technicalities that it becomes un- intelligible, and that contracts have been drawn up with a view to binding one side and not the other, is a well established fact. It is singular that so many cases come up before the courts in which contracts are to be construed, that is, courts are to say what they mean. The same is true of the laws of the land. It is very rarely that a legislature succeeds in passing a law that means what it says, or says what the legislature intended that it should. Especially is that true with regard to restric- tive laws and statutes for the prevention of crime. The records show that it seems to he next to impossi- ble to bring a case against an important criminal without making some blunder which will cause it to he thrown out of court. Then when the error is rec- tified and the case finally comes to trial, the judge or the attorney makes another mistake and the whole process is gone over again and again till the wit- nesses die or disappear and the matter is dropped. —277 278 A HAND BOOK POLICIES MUST BE SIMPLE AND CLEAR. The Mutuals should avoid all this. The policy should be simple and clear. No doubtful hazards should be accepted and only men of known good char- acter should be received as members. This needs emphasis. Experience of old companies shows that the higher the standard is raised the cheaper the In- surance. All descriptions in the application should be clear and accurate. And then when a fire occurs all mere technicalities should be ignored and the loss should be paid promptly and in full. The character of the insured should be recognized. Gross fraud or palpable violation of the contract should invalidate it, and such cases though possible, are exceedingly rare. As one company expressed it, ‘ 4 When an honest man has paid for a thousand dollars 9 indemnity and a thousand dollar loss occurs, we just pay ; that is all there is to it. ’ ’ UNILATERAL CONTRACTS. Insurance contracts belong to the same class as bills of lading, rail road tickets, etc. They are some- times called unilateral contracts, as they are made by one side only. The shipper on the railroads and the policy holder in a joint stock Insurance company have nothing to say about the contracts they sign. The courts construe such contracts very strictly against the companies. In Insurance cases the decis- ions have been gradually growing more and more rigid, until, at present, if a policy contains technical OF MUTUAL INSURANCE 279 provisions, the courts often require the company to prove that the policy holder had notice thereof before they will enforce them. The policy is the written or printed contract be- tween the insurer and the insured. It should set forth that contract fully and in terms not liable to be misunderstood. One of the great sources of trouble between Insurance companies and their patrons is the lack of precision in filling out the application. In each contract should be set forth the name of the contracting parties. The name of the insurer, that is the name of the company, is usually printed, but the name of the insured is written and care should be taken to see that it is correct; no initials should be left out and no names should be abbreviated. If Thomas M. Smith is insured the policy should not read ‘ ‘ Tom Smith. ” If it does, the chances are that it contains other errors which will make trouble. It must also set forth the rate of premium and the prop- erty insured. In writing numbers they should be spelled out, single figures are liable to be mistaken. DESCRIPTIONS ACCURATE. Descriptions of property should be accurate and complete. Each description should include the thing described and exclude everything else. The interest of the insured should also appear and if he is not the sole owner, his share or interest should be accurately described. If the policy is made out to a mortgagee, the fact should be plainly stated. All ambiguity must be avoided. 260 A HAND BOOK The risk must be clearly stated, and also the length of time for which the policy is to run. As to the form of the policy there is much discussion. It has been customary to issue policies containing num- erous exceptions and restrictions printed in micro- scopic type with the proviso that the violation of any one would render the whole policy void. Courts have looked upon these with disfavor, and have held that these paragraphs were, at best, constructive notice, and have required proof, in case of loss, that the as- sured had actually read them or that they had been pointed out to him. It has also been ruled that the policy was a contract which the assured had no hand in making, he was obliged to accept it as it was of- fered to him or go without Insurance. In all such cases the courts will do equity regardless of the pro- visions of the contract. An effort has been made to avoid these evils by formulating a standard policy to be printed in type of not less than a given size. THE STANDARD POLICY. The following, taken from the laws of New York, is an example : INSURANCE COMPANY OF In consideration of the stipulations herein named and of dollars premium, does insure for the term of , from the day of 190. ., at noon, to the day of 190.., at noon, against all direct loss or damage by fire except as hereinafter provided, To an amount not exceeding dollars, to the following described property while located and contained at described herein, and not elsewhere, to wit: OF MUTUAL INSURANCE 281 This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs* and the loss or damage shall be ascertained or estimated accord- ing to such actual cash value, with proper deduction for depre- ciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and quality ; said ascertainment or estimate shall be made by the insured and this company, or, if they differ, then by appraisers, as hereinafter provided, and the amount of loss or damage having thus been determined, the sum for which this company is liable pursuant to this policy shall be payable sixty days after due notice, ascertainment, estimate, and satis- factory proof of the loss have been received by this company, in accordance with the terms of this policy. It shall be optional, however, with this company to take all, or any part, of the arti- cles at such ascertained or appraised value, and also to repair, rebuild or replace the property lost or damaged with other of like kind and quality within a reasonable time on giving notice, within thirty days after the receipt of the proof herein re- quired, of its intention so to do; but there can be no abandon- ment to this company of the property described. This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein; or in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss. This entire policy, unless otherwise provided by agreement indorsed 'hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy; or if the subject of insurance be a manufacturing establishment and it be operated in whole or in part at night later than ten o’clock, or if it cease to be operated for more than ten consecutive days; or if the hazard be increased by any means within the control or knowledge of the insured; or if mechanics be employed in building, altering, or repairing the within described premises for more than fifteen days at any one time; or if the interest of the insured be other than unconditional and sole ownership; or if the subject of in- 282 A HAND BOOK surance be a building on ground not owned by the insured in fee-simple; or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage ; or if, with the knowledge of the insured, foreclosure proceedings be com- menced or notice given of sale of any property covered by this policy by virtue of any mortgage or trust deed ; or if any change, other than by the death of an insured, take place in the interest, title, or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal pro- cess or judgment, or by voluntary act of the insured, or other- wise; or if this policy be assigned before a loss; or if illuminat- ing gas or vapor be generated in the described building (or adjacent thereto) for use therein; or if (any usage or custom of trade or manufacture to the contrary notwithstanding) there be kept, used or allowed on the above described premises, ben- zine, benzole, dynamite, ether, fireworks, gasoline, greek fire, gun powder exceeding twenty-five pounds in quantity, naptha, nitro-glycerine, or other explosives, phosphorus or petroleum or any of its products of greater inflammability than kerosene oil of the United States standard (which last may be used for lights and kept for sale according to law, but in quantities not exceeding five barrels, provided it be drawn and lamps filled by daylight, or at a distance not less than ten feet from artificial light) ; or if a building herein described, whether intended for occupancy by owner or tenant, be or become vacant or unoccu- pied, and so remain for ten days. This company shall not be liable for loss caused directly or indirectly by invasion, riot, civil war or commotion, or military or usurped power, or by order of any civil authority; or by theft; or by neglect of the insured to use all reasonable means to save and preserve the property at and after a fire or when the property is endangered by fire in neighboring premises; or (un- less fire ensues, and, in that event, for the damage by fire only) by explosion of any kind or lightning; but liability for direct damage by lightning may be assumed by specific agreement here- on. If a building or any part thereof fall, except as the result of fire, all insurance by this policy on such building or its con- tents shall immediately cease. This company shall not be liable for loss to accounts, bills, currency, deeds, evidences of debt, money, notes or securities OF MUTUAL INSURANCE 283 nor, unless liability is specifically assumed thereon, for loss to awnings, bullion, casts, curiosities, drawings, dies, implements, jewels, manuscripts, medals, models, patterns, pictures, scientific apparatus, signs, store or office furniture or fixtures, sculpture, tools, or property held on storage or for repairs; nor beyond the actual value destroyed by fire, for loss occasioned by ordi- nance or law regulating construction or repair of buildings, or by interruption of business, manufacturing processes, or other- wise ; nor for any greater proportion of plate glass, frescoes, and decorations than that which the policy shall bear to the whole insurance on the building described. If an application, survey, plan or description of property be referred to in this policy it shall be a part of this contract and a warranty by the insured. In any matter relating to this insurance, no person unless duly authorized in writing shall be deemed the agent of this company. This policy may by a renewal be continued under the orig- inal stipulations, in consideration of premium for the renewed term, provided that any increase of the hazard must be made known to the company at the time of renewal or this policy shall be void. This policy shall be cancelled at any time at the request of the insured; or by the company by giving five day’s notice of such cancellation. If this policy shall be cancelled as herein- before provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining the customary short rate; except that when this policy is can- celled by this company by giving notice it shall retain only the pro rata premium. If, with the consent of this company, an interest under this policy shall exist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the condi- tions hereinbefore contained shall apply in the manner expressed in such provisions and conditions to such interest as shall be written upon, attached or appended hereto. If property covered by this policy is so endangered by fire as to require removal to a place of safety, and is so removed, that part of this policy in excess of its proportion of any loss 284 A HAND BOOK and of value of property remaining in the original location, shall for the ensuing five days only, cover the property so re- moved in the new location; if removed to more than one loca- tion, such excess of this policy shall cover therein for such five days in the proportion that the value in any one such new loca- tion bears to the value in all such new locations; but this com- pany shall not, in any case of removal, whether to one or more locations, be liable beyond the proportion that the amount here- by insured shall bear to the total insurance on the whole prop- erty at the time of fire, whether same cover in new location or not. If fire occur the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith separate the damaged and un- damaged personal property, put it in the best possible order, make a complete inventory of the same, stating the quantity and cost of each article and the amount claimed thereon; and, within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this com- pany, signed and sworn to by said insured, stating the knowl- edge and belief of the insured as to the time and origin of the fire; the interest of the insured and of all others in the prop- erty; the cash value of each item thereof and the amount of loss thereon; all incumbrances thereon; all other insurance whether valid or not, covering any of said property; and a copy of all the descriptions and schedules in all policies ; any changes in the title, use, occupation, location, possession, or exposure of said property since the issuing of this policy; by whom and for what purpose any building herein described and the several parts thereof were occupied at the time of fire; and shall fur- nish, if required, verified plans, specifications of any building, fixtures, or machinery destroyed or damaged; and shall also, if required, furnish a certificate of the magistrate or notary public (not interested in the claim as creditor or otherwise, nor related to the insured) living nearest the place of the fire, stating that he has examined the circumstances and believes the insured has honestly sustained loss to the amount that such magistrate or notary public shall certify. The insured, as often as required, shall exhibit to any person designated by this company all that remains of any property herein described, and submit to examinations under oath by any OF MUTUAL INSURANCE 285 person named by this company, and subscribe the same ; and, as often as required, shall produce for examination all books of account, bills, invoices, and other vouchers, or certified copies thereof, if originals be lost, at such reasonable place as may be designated by this company or its representative, and shall permit extracts and copies thereof to be made. In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and failing to agree shall submit their differences to the umpire ; and the award in writing of any two shall deter- mine the amount of such loss; the parties thereto shall pay the appraiser respectively selected by them and shall bear equally the expenses of the appraisal and umpire. This company shall not be held to have waived any pro- vision or condition of this policy or any forfeiture thereof by any requirement, act or proceeding on its part relating to the appraisal or to any examination herein provided for; and the loss shall not become payable until sixty days after the notice, ascertainment, estimate and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required. This company shall not be liable under this policy for a greater proportion of any loss on the described property, by fire, or for loss by and expense of removal from premises endangered by fire, than the amount thereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insur- ers, covering such property, and the extent of the application of the insurance under this policy or of the contribution to be made by this company in case of loss, may be provided for by agree- ment or condition written hereon or attached or appended here- to. Liability for reinsurance shall be as specifically agreed here- on. If the company shall claim that the fire was caused by the act or neglect of any person or corporation, private or muni- cipal, this company shall, on payment of loss, be subrogated to the extent of such payment to all right of recovery by the in- 286 A HAND BOOK sured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such pay- ment. No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing re- quirements, nor unless commenced within twelve months after the fire. Wherever in this policy the word “insured” occurs, it shall be held to include the legal representative of the insured and wherever the word “loss” occurs, it shall be deemed the equiv- alent of “loss or damage.” If this policy be made by a mutual or other company hav- ing special regulations lawfully applicable to its organization, membership, policies or contracts of insurance, such regulations shall apply to and form a part of this policy as the same may be written or printed upon, attached, or appended hereto. This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent or repre- sentative shall have power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the insured unless so written or attached. This policy shall not be valid until countersigned by the duly authorized agent of the company, at In witness whereof, this company has executed and attested these presents this day of 190 . . THE INSURANCE COMPANY, by Countersigned at this .... day of 190. .. Agent. OF MUTUAL INSURANCE 287 GENERALLY USED. This standard form is used in New York, Con- necticut, Louisiana, Missouri, New Jersey, North Dakota, South Dakota, North Carolina, Pennsyl- vania and Rhode Island. Michigan, Wisconsin, Maine, Massachusetts, Minnesota and New Hamp- shire have forms of their own, but they differ but little from the New York standard policy. These forms are subject to the laws of the state in which they are issued, and also where they are used. Thus a New York form is subject to construction by the courts of New York, but policies used by a New York company in insuring property in Kansas become subject to the laws of Kansas. ADVANTAGES. There is much advantage in a standard policy; once construed it is construed for all companies, and for all time and it is sure to be free from all techni- calities. There are companies, however, which issue policies containing but a very small portion of this verbiage and they seem satisfied with them. Some have special forms for different risks and these are extremely simple. It is a question whether there is not a great advantage in having a standard form each for farm risks, town dwellings, and mercantile buildings, leaving the full form for the larger estab- lishments where the risks are extremely complicated. It would be advantageous to the Mutuals to have a standard policy for each class in every state. Many Mutuals confine themselves to a single line of risks, 288 A HAND BOOK their policies may be simplified accordingly. A stand- ard policy for all Mutuals of the country is not prac- ticable, but in each state there should be progress toward uniformity and toward simplicity, until, as in the case of the old common law deed, the useless verbiage is dispensed with. WHAT TO PRINT IN THE POLICY. There is a division of opinion among Mutuals as to what should be printed in the policy, especially whether the by-laws should be part of it. It is true that courts hold that every member of a Mutual In- surance company is presumed to know what the by- laws are, but some states provide that the whole contract must be printed in the policy. In these states the by-laws must be so printed, elsewhere while it is not legally necessary, whatever is part of the contract should be in the contract if possible. Courts are holding to this principle in recent decisions. Some experienced and successful companies print the by-laws in the application and in the policy both, and some make the descriptive part of the policy and of the application exactly the same. When the policy is filled out it contains a duplicate of the application. Companies which have tried this plan speak very strongly in its favor. The cost is trifling. NATURE OF POLICIES. In summing up it must be emphasized that In- surance is a contract for indemnity and as a contract the policy should be self explaining, care should be taken to see that it is true in fact as well as in theory. OF MUTUAL INSURANCE 289 And if any additional restriction or privilege is at- tached to the policy, let it he done in writing and be fnlly understood by both parties. Stripped of all verbiage, a policy is the written contract which insures a certain described interest in a certain described property existing under certain described conditions. As long as these all remain the same, the company is bound ; in case of fire, the con- tract stands; but if, without the knowledge or con- sent of the company, the interest in the property or the conditions are changed, the contract is at an end. To illustrate : The owner mortgages it without the consent of the company. He has broken the contract. So if he vacates it or changes its use to manufactur- ing or makes additions or repairs which increase the risk, the contract is broken. As to whether re- moving the mortgage, re-occupying the building as a dwelling, etc., would again restore the policy, there is some dispute. The policy usually uses the word “void,” but in many instances this is in the sense of “voidable.” The New Hampshire fire Insurance laws contain the following : “A change in the property insured, or its use or occupation, or a breach of any of the terms of the policy by the insured, shall not affect the policy ex- cept while the change or breach continues. ’ ’ Courts and juries will probably follow this prin- ciple whenever possible. 18 290 A HAND BOOK INSURABLE INTEREST. Almost any kind of property in the thing in- sured, any reasonable expectations of profit or ad- vantage to be derived therefrom, will constitute an interest which may be insured. But it must be found- ed on some legal or equitable title, a vague expect- ancy of profit from some other person’s dealings would not constitute an Insurance interest. An ex- ecutor or executrix, heirs at law, common carriers, bailees, trustees, tenants, or any person having cus- tody of property for himself or another, and respon- sible for its safe keeping, has an insurable interest therein. In general, any one can insure when he can show that he will suffer loss if the property is de- stroyed. With regard to joint interests already alluded to, the custom is not settled. If one member sells to an outsider, notice must be given to the Insurance company and the name of the new member endorsed on the policy. If one member sells out to another the case is doubtful, but if the insurer is notified and the proper endorsement is made on the policy there can be no possibility of trouble. Those who are too stupid or too stubborn to take such a simple pre- caution deserve to sutler from their idiocy. This is but a brief sketch, but it is not possible to cover the subject. Two such volumes as this would not suffice to give a full discussion of the subject. Should any emergency arise, or any complicated case occur, an attorney should be consulted. OF MUTUAL INSURANCE 291 DECISIONS. A few legal discussions are appended, not as an exhaustive list, but to show the necessity of care in making out a policy on the part of the company and also of diligence on the part of the insured to see that the contract is kept : 4 ‘When a policy on a tenement house provided against the keeping of gasoline on the premises, the fact that gasoline was so kept by the tenant without the knowledge of the landlord, did not relieve the lat- ter from a breach of the condition.’ ’ Norway vs. Thuringea Ins. Co., 68 N. E., 111. 1. “In the same case the court also held that where a policy on a tenement house provided that it should be void if gasoline should be kept on the premises and such condition was broken, the insurer was not bound, in order to relieve itself from liability, to show that the loss resulted from such breach. ’ ’ ‘ ‘ The depositing of a policy by the insurer in the post office addressed to the Insurance applicant with postage prepaid is a good delivery of the policy.’ ’ Armstrong vs. Mutual Life Ins. Co. of New York ., 96 N. W., Iowa. “Policies and contracts of Insurance must be construed like other contracts, according to the ordi- nary popular sense of the terms they contain. This is the general rule.” NEW METHODS. People are so accustomed to transacting busi- ness with persons, firms, or corporations in which they have no financial interest and over whose ac- 202 A HAND BOOK tions they have no control that they find the duties and rights of co-operators difficult to recognize and comprehend. Going from one establishment to an- other, paying the prices demanded without question, the fraternal methods are novel and perplexing. The customer goes into the ordinary store with the crowd, who they are he neither knows nor cares, he deals with those whose every interest is their own welfare and over whose actions he has no possible influence, and goes away not caring whether or not he ever enters the place again. In the co-operative establishment all is changed. He is one of the owners, one of the employers of those officials, but he has no interest in making a profit on anything. He no longer looks upon the crowd of customers as strangers, they are now his friends and associates, and all have a common inter- est in the business, and a common voice in the man- agement. He looks at everything through a differ- ent atmosphere. There are many who fail to realize the full force of this. They have taken out a policy in a Mutual, they are insured, what more do they need? New ideas gradually develop and it dawns upon them that if they would take better care of their property and the others would do the same, the cost of Insurance would be less. They also see that if the company were warned against dangerous hazards there would be a material saving. Then comes the conviction that it would be well to look up the other policy holders to see who OF MUTUAL INSURANCE 293 and what they are and how they can benefit the com- pany by their joint action. The growth of the fra- ternal spirit follows, then work for fraternalism, and last of all the full sense of duty. This is generally a slow growth, often very slow. Wherever this growth has matured, is found the highest and best development of Mutualism and the greatest prosperity among co-operative enterprises. The working out of this sense of duty among Mutuals, results in watching and safely guarding each other’s interests. This is not as a mere matter of profit or of personal advantage, but as something which each man owes to his fellow man. The result is the improvement of the service and the reduction of expense. The more fully this idea of duty is developed, not as a mere sentiment, but as a growing principle, the more efficient the Mutuals will become. The more the members will help each other, the higher the standard of the community will be raised, and the more will be the material recompense in the shape of diminished cost. VALID CONTRACT. In order to make a valid contract, the two con- tracting parties must agree, or as the phrase goes, ‘ ‘ the two minds must meet. ” If it can be shown that what the parties agreed upon and what they intended to put in the contract is not expressed, the courts will change the contract. By this it is not meant that they will make a new contract between the parties, 294 A HAND BOOK they will do no such thing, they will merely make the contract say what it was intended to say in the first place, provided the intention of the parties can he made clear. CONFLICT BETWEEN POLICY AND APPLICATION. In the case under consideration the best evidence is furnished by the application itself. The policy holder has signed it; presumably, therefore, he has made himself acquainted with its contents. It is satisfactory to him. He had no hand in making out the policy, but as his risk was accepted and accepted on the facts stated in the application and before the policy was made out, it may safely be affirmed that it was the intention that it should conform to the ap- plication. The application, therefore, should govern and not the policy. This applies to the policies made out at the main office of the company and issued by its principal officers. If an agent in assisting in making out that appli- cation has made material changes in the facts in ord- er to secure the risk and make sure of his commis- sion, the company would still be bound by the appli- cation, although it did not accord with the actual facts. By suppressing facts within his knowledge, the agent waived the right of using those facts in case of loss. When an agent has the right to issue policies himself, and changes the facts set forth in the appli cation, that policy holds the company in case of loss. This is on the old principle that a man cannot take advantage of his own wrong. OF MUTUAL INSURANCE 296 With reasonable care on the part of managers of companies neither of these questions need ever arise. HOW DOES A POLICY BECOME DELINQUENT? This question is discussed incidentally in the chapter on assessments. What is said there is from the standpoint of the company and is intended to aid in enabling the company to show its exact legal status in case of disputes and thus avoid the payment of unjust claims. In general, a policy becomes de- linquent when assessments or dues are not paid with- in the time stipulated in the policy or the by-laws. A few states have laws on this matter but in the greater number it is left to the courts to settle disputed cases. While the most of the responsibility is thrown upon the company, the policy holder must also use some effort to keep his policy paid up. In case of removal or change of post office it is absolutely neces- sary that he notifies the company. In the case cited elsewhere, the policy holder who changed his post office address left a forwarding order at the post office and also inquired of the company ’s agent when the assessment notice was coming. There is no ex- cuse for the post master’s neglect, but he could not be held responsible. It would have been better if the agent had written to the company that the assess- ment notice was overdue. That would have called attention to the matter at headquarters and the of- ficers would have taken steps to rectify the matter. It is in attending to such apparently trifling affairs that the good agent shows his superiority. 296 A HAND BOOK Cases such as the one referred to are extremely rare. Ordinarily, the first notice reaches the policy holder and is attended to at once, or at least within the specified time. If by accident it fails to reach its destination the second notice, especially if registered, will be received. In short, the man who wishes to keep his Insurance policy in force, will have very lit- tle trouble in doing so. Letters miscarry from mis- direction, destruction or loss in the mails, being taken from the post office by some person other than the one to whom they are directed, and being lost before they are delivered. It is scarcely possible that two letters in succession should be subject to accident. If the policy holder has not changed his address, he may be sure that he will get his assessment notice. If he has changed his address he should notify the company. The company will of course make all pos- sible effort to find him but that does not relieve him from responsibility. In case of loss, if the company could show that they had made reasonable effort to find him before suspending his policy, and he was obliged to admit that he had taken no pains to notify them of the change of address, he could not recover. In case of absence from home, the policy holder must have some one to attend to his business. If he does not, he must take the consequences. It is safest for each party in interest to act as if the responsibility rested on him alone. The chapter on assessments discusses the duty of the company. The duty of the policy holder is very simple: To watch for his assessment notice, to notify the com- OF MUTUAL INSURANCE 297 pany of all changes of address and to remit promptly when notice is received. If a mistake occurs, he should use reasonable diligence to see that it is cor- rected. The company should promptly note all cases of failure to remit and of consequent suspension, other- wise a neglect to do so may waive the right. HOW MAY A COMPANY WAIVE ITS RIGHTS? The general answer is by neglect or by doing something inconsistent with the contract, which it has made. A few court decisions are given as illus- trating how the principle applies : “A. policy of Insurance, issued and delivered to the assured, with a full knowledge, on the part of the insurer, of facts making it inoperative at its incep- tion, is a waiver of all conditions of the policy in- consistent with the facts known to the insurer. ’ ’ In general, whenever a company issues a policy, having full knowledge of facts which are contrary to certain provisions of that policy, it waives those pro- visions. For example, if the policy that requires that the building should have solid brick or stone founda- tion, is issued upon a building set upon blocks with the full knowledge of the company, that provision would he waived so far as that policy was concerned. When the agent has full knowledge of the true conditions surrounding insured property, and the company issues a policy in which these conditions are restricted or prohibited, the same are presumed to have been waived. For example : The agent knew 298 A HAND BOOK that gasoline had been used and would be used for cooking and yet issued a policy without a permit to use gasoline, attached thereto; he waived objection to gasoline. When an agent had every opportunity to inspect before insuring, the company is estopped from deny- ing the valuation as stated in the policy. Ritchie vs. Home Ins. Co., 78 S. W., (Mo. Apl.) It would be going too far to say that whenever an agent neglected a duty he waived a right, and yet it is often true. An agent fails to report a certain condition of insured property, barred by stipulation of the policy. Courts hold that he waived that stipu- lation. When at the time an Insurance agent issued a policy of fire Insurance, he knew that the property insured belonged to a partnership of which the ap- plicant was a member, his act in issuing the policy, describing the applicant as the owner, was a waiver of the clause of warranty of sole ownership. Conti- nental Ins. Co. vs. Cummings, et al., 81 S. W. (Tex.) The Secretary or President has knowledge of the infraction of a contract and fails to take notice of it. They waive advantage of that knowledge. An assessment falls due, the notice is not properly sent. The right to suspend for non-payment is waived. Or the notice is duly sent and received, but the assess- ment is not paid. The company neglects to suspend the delinquent as its rules require. Another assess- ment occurs, and before the time in which to pay it has expired, there is a loss. Most courts will hold that the right to suspend on the first delinquency has been OF MUTUAL INSURANCE 299 waived, the loss must be paid. Where the by-laws require suspension without action, the case would be different. LIVE UP TO THE LAW. The only safe way is to live up to the law and regulations carefully and exactly. Read the laws and by-laws frequently, study them thoroughly, ob- serve them carefully, following their wording when possible. Settle all doubtful questions at once, post- pone nothing, but do everything in its time and place, and keep full and accurate records and there will be very little trouble about waiving of rights. Of course it is supposed that in cases of doubt the company will take the advice of its attorney before acting. This question is also discussed in the chapter on assess- ments. A GOOD RULE. An eminent authority lays down the following rules : Most things that come to the knowledge of an agent in soliciting the risk, before 'policy is written , are considered within knowledge of the company. Few things coming to the knowledge of an agent after policy is issued in anyway affect the company. HOW FAR MAY AN OFFICER WAIVE THE RIGHT OF THE COMPANY? No fixed line can be laid down. Every agent can bind his principals to some extent, but how far is often a subject of dispute. Generally, the rule is that what the agent knows the employer knows, and what the agent does is the act of the employer also. 300 A HAND BOOK The courts have of late construed these more and more strictly, especially in the case of corporations. To hold otherwise, would be to permit companies to make contracts which the other party could be com- pelled to keep but which they could repudiate at their pleasure. The iniquity of that doctrine is apparent on its face. Whatever an agent or other employee acting for the company says or does regarding an Insurance contract while he is acting along the line of his duty will generally be binding. Examples will show how this applies. An adjuster said to a man who had a loss: “It • will he a long time before you get a cent out of that.” The court held that the adjuster had waived the com- pany’s right to arbitration, proof of loss, etc., and that the loser could take the case into court as it was. Siegle et al vs. Phoenix Ins. Co. of Brooklyn , 81 S. W., (Mo. App.) In a number of cases in which officials denied the liability for losses, the courts held that they waived the rights of the company in a similar man- ner. The reason for this ruling is that the question brought before the court was whether or not the com- pany was liable at all. If it was decided in the nega- tive, the matter would be ended ; if in the affirmative, the court would finish up the case and fix the amount. A CARELESS PRACTICE. Agents often say in a careless sort of manner, “Oh, that’s all right.” Not unfrequently the com- pany will be bound by this remark. Such expressions OF MUTUAL INSURANCE 301 should not be used, in fact, nothing should be prom- ised which is not put in writing. The agent can waive a right by ignoring it. As in the case where a policy issued without a gasoline permit, although the agent knew that it was to be used. In the collection of assessments the same waiver of rights is liable to occur. An assessment becomes delinquent, the holder meets the agent and pays him the assessment. Whatever might be the strict con- struction of law, the jury would probably hold that the act of the agent waived the right of the company to suspend the policy. Policies which have been sus- pended are sometimes reinstated in a like careless manner. Many companies nominally require all as- sessments to be paid at the home office. But a policy holder falls into arrears, the agent looks him up and persuades him to pay, receives the money, gives a receipt, and remits it to the company, which rein- states the delinquent. If it can be proven that this practice was customary it might make trouble for the company, in case the payment was accepted after a loss had occurred. When an agent fills out an application, recording the answers of the applicant, if he makes changes, additions, or omissions, the company will be held to have waived all objections to the matter which was so changed by the agent. These are merely illustrations, the doctrine of waiver covers too large a field for full discussion in this work. 302 A HAND BOOK If several proceedings are to occur in a given order, the performance of any one might be held as a waiver of those preceding. For instance, if an adjuster should deny all liability for a loss, he should stop right there. If he goes on to ascertain the values and amount of loss, a jury might hold that that was an appraisement, and consequently a waiver of the denial of liability. An official who does his duty exactly and pre- cisely when making contracts and dealing with the policy holder will waive no rights whatever. He will not only care for the interests of the company but the interests of the policy holder also. In case of loss, satisfactory settlements will be practicable, and dis- agreements almost unheard of. An ideal official is the one who keeps close watch upon the business of the company and the insured also and does his best to see that the contracts are fully and faithfully carried out on both sides, and who always keeps his books and his business up to date. IN CASE OF LOSS. The customary notice must be given. Many companies enclose with the policies which they issue a blank form to be filled out in case of fire as an aid to the loser. The notice must be given immediately. While “ immediately’ ’ is not ‘ ‘ instantly , 9 9 there must be but little delay unless from some causes which can be explained, such as absence of owner, etc. A delay of ten days or two weeks would be a suspicious circumstance. Notice should be sent to OF MUTUAL INSURANCE 303 the home office. It is well enough to notify the local agent, but it must be borne in mind that notice to the agent is not notice to the company. Notice sent by mail should be registered. De- positing a letter in open mail raises a presumption that it has been received but this may be denied. The receipt for a registered letter is proof conclusive. If notice of loss is unreasonably delayed, the company should object as soon as it is received, oth- erwise it may be held that they waived the right to do so. Sometimes a proof of loss is sent instead of notice. This will answer as notice if it is sent at once. When blanks for notice and proof of loss ac- company the policy they should be used. DUTY OF ASSURED. If the damage is partial, it is the duty of the as- sured to do what he can to save the property from further loss, and in case of personal property, to separate the undamaged from the damaged and to put it all in best condition possible. An inventory should be made out separately from the notice of loss. This rule is statutory in many states, and must be substantially complied with except in cases where damage is trifling and nothing would be gained by separating the property. This inventory is not required when there is only one article damaged, nor when there is a total loss, or when the goods are so badly damaged as to render it impracticable. 304 A HAND BOOK If the policy has been assigned as security, the company should be extremely cautious, as it acts at its own risk. After these preliminaries the company usually sends an adjuster, who is its agent in ascertaining and settling the amount of loss, and here is where trouble usually begins. Respectable companies em- ploy fair adjusters. It is to their interest to do so. A company which habitually fails to pay its losses justly would be like a merchant who habitually gives short weight, both would be set down as frauds, and both would lose business. But there are companies which do not seem to care for reputation and there are adjusters who act as if their only remuneration consisted in a percentage on the sums they saved to their employers. These have brought the whole busi- ness into disrepute. It is generally the fact that when a man has a loss, he is apt to over estimate it. It looks badly and there is generally a meddlesome person to make mat- ters worse, and the Mutual adjuster, wishing to deal fairly, is often handicapped at the outset. But if the loser is willing to be fair, a little tact combined with some forbearance on the part of the adjuster will soon make an agreement possible. But now and then there is strong evidence of fraud. All such cases should be most carefully in- vestigated, for a Mutual has no more right to permit itself to be swindled that it has to swindle some one else. S. R. VAN METRE, MARIETTA, OHIO. S. R. Van Metre is a descendant of Jan Gysbesten Van Metre who came from Holland in 1663 and obtained a grant of 40,000 acres of land in the Valley of Virginia. S. R. Van Metre was raised on a farm, and in early manhood was elected president of the Washington County Farmers' Mutual Insurance Association, organized in 1897. was re-elected to the office from time to time, the last occasion being Jan. 17, 1905. He is vice president of the Federation of Mutual Insurance Associations of Ohio, and di- rector in the Ohio Windstorm Association and state vice presi- dent of the National Insurance Companies. H. F. HITCHCOCK, LINCOLN, NEBRASKA. Harvey Fletcher Hitchcock, son of Col. Nichola Fletcher and Jermima Hitchcock, was born Nov. 16, 1866. at Maxville. Ohio. He moved to Nebraska in February, 1880. He graduated from the public schools, York College and Mallalieu Uni- versity. He married Miss Mamie Mason, at Denver, Colorado. He founded the Mutual Insurance Journal in October, 1894. This paper has a wide circulation and has a large and flourishing job office attached. The editorial work and the supervision of the publication and job office departments take the whole of his time. OF MUTUAL INSURANCE 305 SHOULD AGENTS ADJUST? The question is asked, should the agent act as adjuster? Mutual Insurance men usually answer this question in the negative. They say that the agent is liable to be drawn into quarrels with his neighbors which permanently injure his efficiency. It is cheaper and better to employ the regular ad- juster. 19 CHAPTER XV. CANCELLATION OF POLICIES. The laws of many states are silent on this sub- ject, and the provisions of the statutes in other states are very brief. Either party has the right to cancel. If the com- pany cancels the policy it must give due notice and return the unearned portion of the premium, if any there be. This process must be complete. The notice must be given and the unearned premium must be ac- tually returned or at least tendered in order to re- lease the company. The case in which assessments are due and unpaid is discussed in the chapter on as- sessments. If the policy is cancelled by the insured, he must pay up all arrearages and liabilities. If a loss has occurred, he must pay his proportion thereof before he can be released. This applies to all companies which assess after a loss. Those which assess in ad- vance or which receive cash payments for a term of years, will be owing the policy holder and must re- turn the surplus. But they have the right to charge what are called short time rates which are somewhat in excess of the term rates. Several tables of short time rates are used. The following, computed by the Iowa Insurance Department, is generally approved. 306 — OF MUTUAL INSURANCE 307 These apply when the policy holder cancels out. If the company cancels, it must return the full propor- tion of the premium it has on hand after deducting the policy holder’s share of all losses and expenses which have occurred. SHORT RATE TABLE TO GOVERN IN THE CANCELLATION OF FIRE INSURANCE POLICIES. [Prepared by the Auditor of State of the State of Iowa, in accordance with the provisions of Section 1729, the Code.] Take the percentage indicated in scale opposite the number of days or months policy is to run on the premium at given rate, and the result will be the premium earned in case of cancella- tion. Periods exceeding 20 days, and not exceeding 25 days, to be charged at the rate of 25 days, and so on up to one year. 1 day 2 per cent of annual premium 2 days 4 “ “ “ 3 “ 5 “ “ “ 4 “ 6 “ “ “ 5 n rj (( a a 6 “ 8 “ “ “ 7 (( g u u u 8 “ 9 “ “ “ 9 “ 10 “ “ “ 10 “ 10 “ “ “ 11 “ 11 “ “ “ 12 “ 12 “ “ “ 13 “ 13 “ “ “ 14 “ 13 “ “ “ 15 “ 14 “ “ “ 16 “ 14 “ “ “ 17 “ 15 “ “ “ 18 “ 16 “ “ “ 19 “ 16 “ “ “ 20 11 17 11 (t il 25 “ 19 “ “ “ 30 “ 20 “ “ “ 35 “ 23 “ “ “ 308 A HAND BOOK 40 days 26 per cent of annual premium 45 it . . 27 a a tt 50 1 1 . . 28 1 1 1 1 tt 55 tt . . 29 1 1 tt tt 60 tt . . 30 1 1 tt tt 65 tt .. 33 1 1 tt tt 70 tt .. 36 1 1 tt tt 75 tt .. 37 tt tt 1 1 80 tt .. 38 a a tt 85 a , . 39 tt < t a 90 tt or three months . . . . 40 1 1 tt 1 1 105 tt . . 45 1 1 n tt 120 tt or four months . . . . . 50 1 1 tt tt 135 a .. 55 tt tt 1 1 150 tt or five months .... . . 60 tt tt a 165 a . . 65 tt 1 1 a 180 tt or six months .... . . 70 1 1 1 1 a 195 tt . . 73 1 1 a a 210 tt or seven months . . . . 75 tt tt tt 225 tt .. 78 tt a tt 240 1 1 or eight months . . . . . 80 ft tt a 255 a .. 83 tt it tt 270 1 1 or nine months . . . . . 85 tt tt tt 285 tt .. 88 tt tt tt 300 tt or ten months .... . . 90 tt tt tt 315 tt .. 93 1 1 a it 330 1 1 or eleven months . . . 95 it a a 360 tt or twelve months . ..100 1 1 tt a TWO YEARS. For 2 months or less Over 2 and not exceeding 4 months 30 tt 1 1 1 1 n 4 “ “ 6 “ 40 it 1 1 1 1 t t 6 “ “ 8 “ 50 a 1 1 tt it 8 “ “ 10 “ 60 tt tt tt 1 1 10 “ “ 12 “ 70 tt it n 1 1 12 “ “ 14 “ 75 tt it tt a 14 “ “ 16 “ 80 1 1 tt tt tt 16 “ “ 18 “ 85 1 1 tt tt 1 1 18 “ “ 20 “ 90 it it a 1 1 20 “ “ 22 “ 95 tt a a tt 22 . ,...100 tt a a OF MUTUAL INSURANCE 309 THREE YEARS. For 3 months or less 25 per cent of term premium Over 3 and not exceeding 6 months 30 “ 6 “ “ 9 “ 40 a tt it tt it tt “ 9 it tt 12 a 50 tt tt tt “ 12 it 1 1 15 a 60 n tt tt “ 15 tt it 18 tt 70 tt tt tt “ 18 tt tt 21 tt 75 tt tt tt “ 21 1 1 1 1 24 tt 80 tt tt tt “ 24 tt it 27 tt 85 tt tt tt “ 27 tt it 30 tt 90 1 1 tt tt “ 30 a 1 1 33 tt 95 tt tt it “ 33 months . .100 n tt tt FOUR YEARS. For 4 months or less 25 per cent of term premium Over 4 and not exceeding 8 months 30 11 11 u tt g tt tt 12 11 40 1 1 il 11 “ 12 a tt 16 tt 50 tt tt tt “ 16 tt it 20 tt 60 a tt tt “ 20 tt it 24 tt 70 1 1 tt it “ 24 a tt 28 1 1 75 n tt tt “ 28 tt tt 32 1 1 80 tt tt tt “ 32 tt 1 1 36 tt 85 a tt tt “ 36 tt a 40 1 1 90 1 1 tt tt “ 40 tt it 44 tt 95 tt tt tt 11 44 months . .100 tt tt tt FIVE YEARS. For 5 months or less 25 per cent of term premium Over 5 and not exceeding 10 mo 's . 30 11 11 11 t 10 n tt 15 tt 40 tt tt tt t 15 tt n 20 tt 50 a tt tt t 20 tt tt 25 tt 60 tt tt tt t 25 tt tt 30 tt 70 tt tt tt t 30 tt tt 35 tt 75 n tt tt t 35 tt tt 40 tt 80 1 1 tt tt t 40 tt a 45 it 85 a tt tt t 45 tt a 50 tt 90 it tt tt t 50 n tt 55 tt 95 tt tt tt t 55 months . .100 tt tt tt SIX YEARS. For six months or less 25 per cent of term premium 310 A HAND BOOK Over 6 and not exceeding 12 mo ’s . 30 it 12 a tt 18 it 40 tt it 18 a tt 24 it 50 a it 24 a tt 30 tt 60 tt it 30 tt tt 36 tt 70 a it 36 tt tt 42 tt 75 tt it 42 a tt 48 tt 80 tt it 48 ft tt 54 tt 85 tt (t 54 tt tt 60 tt 90 tt it 60 tt tt 66 tt 95 tt it 66 .100 tt CHAPTER XVI. CLASS MUTUALS. Class Mutuals insure a single line only. New England furnishes a striking example of success in her mill owner’s Mutuals. Originally, the annual rate on these great manufacturing establishments was $2.25 per one hundred dollars. A mill owner who had made some improvements and applied for a reduction of rates was refused with the remark that “ A mill is a mill anyhow. ” He at once made efforts to interest other manufacturers in the formation of a Mutual. He succeeded in organizing a company and in calling attention to the necessity of taking more precautions against fire than were customary at the time. The result was that inspectors were appointed, new methods adopted and finally the risks were so improved that the annual cost is less than ten cents on the one hundred dollars. Most of this is for pre- vention of fire, the inspection system being still kept up. ADVANTAGES. Class Mutuals have two peculiar advantages. One is that every one connected with a class Mutual understands thoroughly all the risks. In the case quoted above every one is an expert, knowing all —311 312 A HAND BOOK about a mill, understanding its value, able to see dangerous constructions, and to point out remedies, in short, the whole company is united in measures to reduce the fire waste. The moral hazard is elimin- ated. Another advantage is that the risks are very rarely contiguous. There is absolutely no such thing as a conflagration loss. It is impossible. In the smaller towns, most class Mutuals would carry but a single risk. Hence losses which wreck the company are not heard of among these Mutuals. These ad- vantages are giving the class Mutuals a good lead but they are hampered by some restrictions. Most of them are confined to single states, and find that there is not as much business for them as they should have. This is a matter which will prob- ably be remedied in the future. Some companies are already doing an underground business. The United States supreme court has affirmed the right to every man to buy his indemnity where he pleases without regard to state lines. This does not give agents the right to solicit business in states where the companies have not been regularly admitted. Nor does it give the company itself any legal status, it cannot sue or be sued. Many class Mutuals do business only through the state or national associations and will not insure property unless the owner is a member of one of these bodies. Sometimes the association itself owns the Mutual and in such a case the Insurance company would be entirely without legal status any- where. While this does not appear to be a desirable OF MUTUAL INSURANCE 313 state of affairs, there are many companies, without legal organization, run entirely “upon honor,’ ’ and it is only fair to say that their members are well sat- isfied with their workings, no complaint about them has been heard. Hence it would probably be better if some plan could be adopted whereby all companies could be put upon the same footing and all, able to prove their solvency, be admitted to do business in whatever states they desired. Class Mutuals open the way by which the city merchant can take advantage of the co-operative sys- tem. There is a strong tendency everywhere toward Mutualism, but until lately the way has not been clear. But the magnificent success of the Mill Own- ers’ Mutual of the east, reducing the cost of Insur- ance over ninety per cent, and the economics of other Mutuals organized by associations of dealers, have set people to thinking and it is probable that the next few years will witness a great advance along this line, with the consequent elevation in the standard and in the influence of the local dealers. SUCCESSFUL MUTUALS. The following letters from successful Mutuals will give full information on the subject. Mr. J. H. Tinvoorde, of the Retail Merchants Mutual Fire In- surance Company of Minneapolis, Minnesota, writes : FROM MINNEAPOLIS RETAIL LUMBER. 4 ‘In regard to the expense of conducting busi- ness, will state that the average expense ratio to net premiums received has been 26 per cent. That, you 314 A HAND BOOK will readily see, is about 14 per cent less than what tLe old line companies’ expense ratio is. In regard to soliciting business, we do a great deal of our solic- iting by mail and have one special on the road at the present time, who makes it a business to solicit and inspect what business we have on our books. “Our company was organized and started to do business in 1900. At the present time we have a little over $3,000,000 at risk and about two thousand policy holders. Now, as to how many policy holders should a company have before starting. Our state law pro- vides that we shall have $750,000 in insurance ap- plied for in no less than 350 separate risks. We com- plied with that provision of the law and began writ- ing business just as soon as we secured the requisite amount, which amount was secured through the mails in less than two months. You will also notice in our by-laws that our policies on mercantile stocks are to be written for one year, no longer ; on house- hold goods and dwellings we write them for three years. “That in brief is the history of our company since its organization. The Retail Lumbermen’s In- surance Company, which has been operating in this state for the last eight years, has made a great deal better showing than we have. The same can be said of the Hardware Dealers’ Mutual Insurance Com- pany, which began business about the same time we did. It has a great deal less at risk than our com- pany but confines itself to hardware stocks and build- ings containing the same, and then will not write any OF MUTUAL INSURANCE 815 hardware dealer unless he is a member of the State Hardware Dealers ’ Association. They have no man on the road and the secretary’s salary and office rent is paid jointly by the Insurance company and the state association so that their expense ratio since they have been in business has been but 14 per cent. Their loss ratio during the same period has been but 17 per cent. There is no question in the writer’s mind but what Mutuals conducted on business prin- ciples are a decided success, speaking for Minne- sota.” He enclosed the policy, by-laws and blanks. The policy contains the constitution and by-laws, the pol- icy proper being very nearly of the standard form. The constitution states the object as follows: 1 ‘The sole object and purpose of this company shall be to indemnify its members against actual loss or damage by fire or lightning, upon the mutual plan, to and upon their stocks of merchandise, tools and fixtures, and upon buildings containing the same, or either of them, and upon household furniture and dwelling houses, or either thereof.” Policies on stocks of merchandise and fixtures shall be for a term not exceeding one year, on dwell- ing houses, etc., not exceeding three years. The pol- icy limit is $3,000. The rates of insurance are fixed from time to time by the board of directors. “The contingent mutual liability of each mem- ber of this company for the payment of losses and expense, not provided for by its cash fund, shall be 316 A HAND BOOK a sum equal to and in addition to the premium paid on his policy. ’ ’ The By-laws concerning the reserve are as fol- lows: “Section 1. The Board of Directors may, at the end of each year, set aside such sums as they deem reasonable and proper, in no event to exceed twenty-five (25) per cent of the gross profits of the company, for the purpose of creating a special re- serve fund. “Section 2. Such special reserve fund shall be- long to the company, shall not be divided among the members thereof, nor shall any member ever be en- titled to demand or receive any portion thereof, ex- cept in payment of losses. Nor shall any person after ceasing to be a policy holder of the company be en- titled to have or receive any portion of said special reserve fund, as dividend or otherwise.’ ’ Their statement shows that the company is in good condition. This company has successfully at- tacked one of the most difficult problems in Mutual Insurance, doing a general business in cities. While the actual figures may not show up with as much brilliancy as those of some others, they are fully as creditable to its management when the character of the work it has undertaken is considered. ANOTHER COMPANY. E. G. Fahnestock, of the Retail Lumbermen’s Insurance Association, Minneapolis, Minnesota, says : OF MUTUAL INSURANCE 317 “We belong to the few insurance associations that adhere strictly to writing policies only on one line, that of retail lumber yards. We have been organized almost eleven years, refusing during that entire period to add to our policies other merchan- dise which some retail lumber dealers wish to have covered. “We limited the amount of insurance carried by us at the time we started to $3,000 on any one risk or exposure. The board rate for a detached, unfenced yard at that period was $1.50; a fenced yard, de- tached, $1.25. We took that as a basis, requiring them to deposit with us as security, both for the se- curity to policy holders and as a guarantee that the assured will promptly pay any assessments that are levied for the payment of losses and expenses, the deposit to be returned at any time upon the cancella- tion of the policy, or upon its expiration, less only such unpaid assessments that remain charged against the policy. Each six months we collect what we deem sufficient for the purpose of paying losses and ex- penses and incidentally to create a surplus fund. We collected for several years forty-eight per cent of this deposit, which left us a surplus each year. After a few years on that basis, we gradually reduced that rate of assessment and about four years ago we were collecting only thirty per cent of the deposit per year, which was sufficient until the year 1903. By that time we had accumulated a surplus of $33,000, more than was necessary for the payment of losses and ex- penses. During that year, the floods in Kansas and 318 A HAND BOOK Iowa caused us extraordinary losses in the slac kin g of lime by the rising of water which fired the lumber sheds and stocks of lumber so that we had losses averaging fifty per cent loss ratio for that year. Our losses for the first nine years averaged us twenty per cent of the deposits. The losses in 1903 made our average twenty-five per cent for ten years. We, therefore, on the first of this year resumed the forty- eight per cent rate of assessment and as a conse- quence we have added about $27,000 to our surplus and have now in excess of forty thousand dollars un- used assessments. This indicates that the cost to our policy holders is from one-third to one-half what the old line companies charged at the time of our organ- ization. These companies, seeing the business drift away from them, commenced reducing their rates. They first reduced to one dollar for fenced yards and one dollar and a quarter for unfenced and then down until they were willing to write insurance at fifty cents to prevent us from getting it. This, however, did not accomplish what they expected, because our policy holders know well that if they drove us out of existence they would very soon restore the origin- al rates. With the reduced rates they lost money and within a year or so have commenced going back to old rates. They now charge 75 cents and $1.00 for the risks they were carrying at fifty cents and on which they originally charged $1.25 and $1.50. 4 ‘ The Class Mutuals undoubtedly meet with bet- ter success than the State Mutuals, which cover all OF MUTUAL INSURANCE 319 lines. They can make a better average and are finan- cially stronger . 9 9 THE GENERAL PLAN. From its circular the following extracts are taken : “The Eetail Lumbermen’s Insurance Associa- tion is just what its name indicates, to wit : a Mutual association of retail lumber dealers. Each policy holder is charged each month a fixed percentage upon the amount of his original deposit, sufficient to pay his equitable proportion of all losses and ex- penses and create a suitable reserve fund for safety in years of extraordinary losses. “These monthly charges are aggregated semi- annually and put in the form of an assessment, notice of which is sent to the policy holder and in accord- ance with the articles of the association and by-laws, twenty days is given in which to pay the same. Agreement is made on the part of the policy holder to pay assessments promptly and in the event of fail- ure to do so, to forfeit to the association the entire original deposit. This makes the collection of as- sessments absolutely sure, and in an experience cov- ering eight years we have had but one deposit thus forfeited. “The amount of the original deposit on each policy is determined by the old rates formerly paid to reliable stock companies on the same risk. This deposit is placed in the original deposit fund and is returnable to the policy holder upon surrender of 320 A HAND BOOK Ms policy for cancellation, less any unpaid charges against the policy. The object of the plan is to keep the original deposit fund constantly intact and our by-laws explicitly provide that it shall at no time be impaired more than twenty-five per cent; hence the absolute safety of the proposition. “The maximum amount of insurance which we can write upon any one risk is $6,000. This is written in two policies of $3,000. Please note that ‘ Series A’ is the old series and ‘ Series B’ the new. The lat- ter series was started to accommodate those who desired more than $3,000 on one risk, and as will be seen by reference to the articles of association and by-laws it is entirely separate and distinct from ‘Series A’ the same as if it were in fact in another company. “ ‘Series B,’ inaugurated at the eighth annual meeting in January 1902, started out with half a mil- lion of insurance to be written the first day its books were opened and with applications in the hands of the secretary for two millions to be written during the year. No prospective policy holder need hesitate about ‘Series B’ as its success is assured from the start. The volume of business which is sure to come to it is bound to reduce the cost to very nearly that already attained in ‘ Series A. ’ “Policy No. 26, for $3,000, written by us March 8, 1894, had been carried for eight years in a stock company. The amount paid to the old line company in eight years for same amount at 1% per cent rate OF MUTUAL INSURANCE 821 was $ 360.00 From March 8, 1904 to March 1902, with us it has cost : First year $ 21.60 Second year 21.60 Third year 21.60 Fourth year 20.70 Fifth year 16.20 Sixth year 16.20 Seventh year 15.76 Eighth year 13.56 Total $ 147.22 Amount saved $ 212.78 “The assessments collected on this policy, the aggregate of which is represented by the amount named, were sufficient to not only pay its propor- tionate share of all losses and expenses, but contri- buted its share toward the reserve fund which is a bulwark of strength to the organization and of safety to the policy holders. ’ ’ “No person or corporation shall be eligible to membership in this association who is not a member of the Northwestern Lumbermen’s Association, or of some other association of retail lumber dealers with which the said Northwestern Lumbermen’s As- sociation may be in co-operation, unless by consent of the board of directors.” RETAIL HARDWARE. A. R. Sale, of the Mason City, Iowa, Retail Hardware Dealers’ Mutual Insurance Association, writes : 20 322 A HAND BOOK “ Would say that our Association was organized in 1903, following the same lines of organization as the Minnesota Hardware Mutual Company, so far as the legislation in the two states would permit. We collect a full premium in advance and return the un- used premium at the expiration of the policy. We have written considerably more than half a million dollars of business since we began, securing most of this by means of correspondence. Our first dividend to policy holders was 20 per cent. The dividend on the second year policies will be declared early in January, and will be considerably more than this. “With regard to your question, should we have a law authorizing the inter state class or single line Mutuals, we certainly should have a law broad enough to meet the rulings of the highest courts. As a matter of fact, the state laws do not permit us to write outside of our own state. “We think this is the law in most of the states, but we are protected in so doing, by a ruling of the United States Supreme Court, which permits the in- surer to buy his protection where he pleases, in spite of the petty legislation enacted by the influence of the insurance trust.’ ’ ANOTHER. The following letter from M. S. Mathews, of the Retail Hardware Dealers’ Mutual Insurance Com- pany, of Minneapolis, Minnesota, is to the point. The accompanying statement is excellent, showing low expenses, abundant assets and increasing business. OF MUTUAL INSURANCE 323 “Yours of the 22nd, received Thursday. I held it over as we were to have a quarterly meeting and it occurred to the writer that something might come up at that time which would be of interest to you. Nothing occurred except fixing the amount of rebate or ‘ Return Premium ’ as we call it. “This year we are paying 30 per cent but com- mencing J anuary 1st, we pay 35 per cent for the year 1905. Our method is slightly different from that of the Retail Lumbermen’s Company. We write for one year, except when on homes and household goods of our members, when it may be either one, three or five years. We collect the regular or board rate as closely as possible, rebating at the expiration of the policy, as mentioned above. We have been making rapid gains and are making a very good showing. This is getting pretty well along in the year, and we have not been printing any new matter lately. How- ever, we will send along what we have and hope it may prove of interest to you. Where we shine is on the extremely low expense account— 10 per cent as you will notice. On examination of the figures you will notice we could pay much larger rebates if it had been deemed advisable. Our management believes in a moderate surplus, hence the small rebate as com- pared with the earnings . 9 ’ AN EDITORIAL EXPLANATION. “During the past year Trade has been asked by subscribers engaged in the hardware business, whether or not there is any hardware dealers’ Mu- 324 A HAND BOOK tual fire insurance company, which writes business amongst the dealers of this state, and what condi- tions must be complied with in order that applica- tions for insurance be accepted. ‘ ‘ For the benefit of those hardware dealers who are interested in this subject, we would say that the Minnesota company has been established several years, and it has been the means of saving thousands of dollars for its policy holders since its incorpora- tion. The insurance laws of Michigan have prevented this company from carrying on any extensive cam- paign for business in this state, but there is nothing in the insurance laws which prevents them from ac- cepting business when the application is made un- solicited. “ There is one condition, however, which is a very important one, with which this company insists that applicants for insurance must comply. This con- dition is that applicant be a member of the State Retail Hardware Dealers’ Association. This com- pany having been founded through the efforts of organized hardware men, it is only reasonable that it should insist that none but members who support these organizations should participate in the benefits. President Bogardus of the National Retail Hardware Association, says: 4 The insurance feature of the hardware associations is one of the things to foster. Its value as the companies grow in years and strength, will be more marked every year, and it was a wise move on the part of the hardware men to in- sure themselves.’ One thing the dealer should re- OF MUTUAL INSURANCE 386 member, however, is that the first step to be taken in securing a policy is to become a member of the State Hardware Dealers’ Association. We believe it is worth while for dealers to look into this propo- sition. If there are any hardware men in this state who are interested in this question, we would refer them for further particulars to Secretary M. S. Mathews, of Minneapolis, Minnesota.”— From “ Trade.” THE LIST GIVEN BY THE " IRON AGE.” At the present time there are eight Mutual fire insurance companies which are being conducted in- directly by hardware associations, and are especially intended for insuring hardware stocks, as follows : The Retail Hardware Dealers’ Mutual Fire In- surance Company, of Minnesota, M. S. Mathews, sec- retary, Boston Block, Minneapolis. The Ohio Hardware Dealers’ Mutual Fire In- surance Company, Geo. M. Gray, secretary; Coshoc- ton, Ohio. The National Hardware Mutual Fire Insurance Company of Pennsylvania, W. B. Simpson, sec- retary; Huntington, Pa. The Hardware Dealers’ Mutual Fire Associa- tion of Pennsylvania, W. B. Simpson, secretary; Huntington, Penn. The Iowa Hardware Dealers’ Mutual Insurance Association, A. R. Sale, secretary ; Mason City, Iowa. The Hardware Dealers’ Mutual Fire Insurance Company of Wisconsin, C. A. Peck, secretary ; Ber- lin, Wis. 326 A HAND BOOK The Missouri Retail Hardware Dealers’ Mutual Fire Insurance Company, Fred Neudorff, secretary; St. Joseph, Mo. Nebraska Hardware Mutual Fire Insurance Company, (organized June 16), F. T. Shepard, sec- retary; Lincoln, Nebraska. Several other state associations have companies in process of formation, and the list will probably be enlarged in the course of a few months. It may interest hardware merchants who are canvassing the question as to placing insurance with Mutual companies, especially dealers who are affili- ated with state hardware associations, for only one or two of the above companies accept insurance from non-affiliated merchants, to know something about them, their method of insurance, amount of risk, etc. Of these companies, the oldest and by far the largest, is that of Minnesota, which is now complet- ing its fifth year of existence. The plan of this com- pany, which is practically the one followed by the others, is to write policies for one year only, at the expiration of which the insured knows to a certainty just the amount of money the Mutual plan has saved him and what his insurance has cost. Each year’s business takes care of itself, the premiums being based upon the losses and expenses incurred during that year. At the expiration of a policy the premium to which the insured is entitled is returned to him if he does not desire to continue another year, or is credited to him on renewal of policy. The rate charged for insurance is the established board rate OF MUTUAL INSURANCE 327 for the town in which the merchant is located, or if there is none so established, the applicant for insur- ance is charged the rate any reliable company would ask on the risk. In this way, the insured pays no more than he would pay elsewhere, while the return premium at the end of the year puts him that much ahead. The return premium of the Minnesota asso- ciation, for policies expiring during the present year, is thirty per cent ; this also permitting a substantial addition to the surplus. The company expects to furnish insurance at an actual cost of less than 50 per cent of old line rates. The other companies, which have all been organ- ized within a year or so, some of them since the be- ginning of 1904, all follow the same general plan as already stated. Officered as they are by representa- tive merchants of high standing, there is every reason to suppose that they will duplicate the suc- cess of the Minnesota company in furnishing safe insurance at a substantial concession from the usual rate. The Minnesota company accepts insurance from merchants in any state who are members of their state association (and who, of course, are a “good risk”), nearly fifty per cent of their business being with dealers outside of Minnesota. The Ohio company is not prepared to extend the privilege of insurance to hardware merchants in oth- er states, but it does insure hardware merchants who are not members of the Ohio State Association. The National company as the name implies, in- 828 A HAND BOOK sures dealers anywhere who are affiliated with a state association, this company having been organ- ized for this purpose, under the special auspices of the National Hardware Dealers’ Association. The limit of insurance is $3,000. The Pennsylvania company accepts risks in any of the states contiguous to the Keystone state. It has no absolute rule limiting insurance to members of as- sociations, and has accepted a few policies from par- ties in states where there is no association. The in- surance limit is $3,000. The Iowa company accepts insurance from deal- ers in adjoining states, and is not yet ready to extend the privilege to others. The limit on a single risk at the present time is $2,000. Where the policy is writ- ten for a larger amount the same is covered by rein- surance. It does not carry more than $3,000 in any one block, but this is a matter which again is cared for by reinsurance, where it is necessary to accept the insurance for the convenience of dealers. Divi- dend No. 1 of this company entitles holders of poli- cies written up to February 15, 1904, to a cash rebate of 20 per cent. The Wisconsin company insures hardware deal- ers anywhere, provided they are identified with an association. The limit on a single exposure is $3,000 on either building or stock, or divided between the two. The Missouri company has not yet commenced taking insurance outside the state, except on ap- proval of the executive committee. It insures only members of associations and limits the risk to $2,000. OF MUTUAL INSURANCE 329 RETAIL DRUGGISTS. John Weyer, Secretary of the Eetail Druggists Mutual Fire Insurance Company of Cincinnati, Ohio, writes as follows : “This Company has been in operation fifteen and a half years, first as an association on the assess- ment plan, but in 1902, we reincorporated, or ad- vanced to our present form, namely a regular Mutual Fire Insurance Company in which we charge full premiums and return the profits in dividends, after setting a reasonable sum (not to exceed 25 per cent of the net profits) to a permanent reserve fund. “Our risks are nearly all one class; viz., retail drug stores, a class considered and rated as extra hazardous in the smaller cities and towns, nearly al- ways situated in the congested business districts and therefore subject to conflagration hazard, and in which territory it is well known that rates are sel- dom, if ever, above the hazard. “We believed that a drug store was not more hazardous than other mercantile risks, and hoped to save twenty to twenty-five per cent from that source. Second, we expected to save twenty-five per cent at least, by not placing our business in the hands of local agents, but by securing and inspecting our risks our- selves. “We make our dividends uniform— based on the experience of a series of years— so that the surplus of favorable years pays the losses of the less favor- able. We have returned to our members a profit, under the association form of 30 per cent and under 330 A HAND BOOK our present form 35 per cent besides adding 10 per cent to 12 per cent to our permanent reserve and a small amount to general surplus. Our average losses for the past ten years have been 27 per cent of the premiums, and our premiums are at least 25 per cent less than the present tariff rates. “Drug stores are generally subject to a sur- rounding hazard, over which we have no control, but by personal inspection, giving information regarding the handling of inflammables and avoiding the moral hazard as much as possible, we are able to make this company very profitable to its members. ’ 9 PLATE GLASS. These companies insure all kinds of plate glass against breakage from all causes not covered by the ordinary fire policies. There is an enormous busi- ness done in that line and the class Mutuals are be- ginning to look after it. To show the liability to ac- cident of plate glass, the following report of an east- ern company of losses adjusted during 1903 is given. Number Causes. of Losses. Stones or other missiles 1445 Wind 538 Pistol shots 106 Burglars 187 Settling of building 66 Runaway horses 71 Explosions 82 Drunken persons 177 OF MUTUAL INSURANCE 331 Articles falling against glass 446 Imperfect setting 8 Transoms falling 24 Unknown 2454 Cleaning windows 55 Doors slamming 263 Warping of frames 19 Automobiles 3 This list is not complete. Irregular expansions from the heat of the sun, heavy hail, earthquakes and other causes come in for their share of break- ages. “The Iowa Plate Glass Mutual Ins. Co. was or- ganized and commenced issuing policies Oct. 20, 1902, with $104,000 of applications for insurance. Organized under Chapter 5. We collect one half board rates in advance, write the insurance for one year. The amount collected has been sufficient to carry the business for one year, we make one assess- ment a year. The assured renews his insurance by paying the assessments made on him. In the case of the first payment being sufficient to carry the in- surance the first year, the second payment carried it another year. “We anticipate that we shall not be obliged to raise the rate, but if necessary, we can assess for more money to pay losses and expenses. Unless some calamity should befall us we do not expect any member to ever owe the association anything.— Jas. A. Swallow.” 332 A HAND BOOK The use of a state or national association as a filter to strain out extra hazardous risks produces excellent results. The moral hazard is practically eliminated. New ideas are exchanged, new methods adopted and the rate of insurance is continually be- ing driven down toward a minimum. So far, how- ever, it has not been possible to induce all the busi- ness establishments in any one line to join the state or national associations. Many of those who re- main outside are excellent risks and would insure in a Mutual if they could. THESE MUTUALS SHOULD BE ENCOURAGED. There are good reasons why class Mutuals should be encouraged. They carry risks cheaply, and they stimulate thrift, but the most important reason of all is that they improve the risks and re- duce the dangers of losses by fire. Where only one risk in a block is insured in a Mutual it is likely to be exposed to danger, owing to careless occupants on either side. Should these be insured, each in his own line, the hazard would be greatly reduced. CHAPTER XVII. STATE FIRE MARSHAL. R. M. SCOTT, PILLSBURY, KANSAS. One of the most intricate and important ques- tions that confronts advancing civilization is : How to control the fire loss. The annual annihilation of wealth, the accumulation of ages, the products of labor, skill and genius, is a constant drain upon the resources of our people. Homes, churches, stores, manufacturing establishments and much other public and private property are carried away by the fire fiend. By it homes are desolated, business interests and enterprises are delayed or destroyed and many people are left without employment. ANOTHER OPINION. The state fire marshal of Ohio in discussing this subject says this loss aggregates in a series of years, a sum which is almost beyond comprehension. Neith- er the public nor those we term the insured, seem to have any adequate conception of this loss, nor is the fact generally realized that it is the result largely of ignorance, carelessness and incendiarism. It should not he disregarded or passed over lightly, but the means by which it may be reduced should receive our best consideration. —333 834 A HAND BOOK TREMENDOUS LOSSES. Such extravagant public losses from any other source would be the principal subject of investiga- tion and legislation. The fire losses of the United States will average at least $150,000,000 per annum, while it will exceed that amount for the past few years. According to a report in the St. Louis Globe Democrat, this loss in 1904 amounted to $252,000,000. One of the most important questions that stirs the blood and troubles the waters of the American people in each succeeding political campaign,' is the tariff question, yet the government has usually only collected about $150,000,000 on imports per year, and all this money is scattered among the people again. The people of this country are losing about the same amount by fire every year, which is a total loss, yet there is practically but little interest taken in this subject and few efforts are made to discover the causes and remedy the evils which produce this enor- mous loss. UNACCOUNTABLE INDIFFERENCE. It is difficult to account for such stupidity and indifference on the part of an intelligent and pro- gressive people. It cannot be credited to ignorance among a reading people, for every paper they scan contains a record of one or more destructive fires, with their attendant misery and frequent loss of life. !We can only attribute this indifference to a few causes, chief among which is the fact that familiarity breeds indifference and contempt. OF MUTUAL INSURANCE 335 Fire losses are as old as human history and some such losses seem to he a kind of necessity of fate aris- ing from the unavoidable contingencies of life. Men are disposed to travel along in the old beaten paths of custom, instead of making the effort and taking the pains necessary to straighten these paths or to climb the hills to the higher planes of enterprise, progress and prosperity. Another reason for this indifference may he found in the inability of the average mind to grasp the real import of the figures which represent this loss for even a single year. To elucidate this point let us make a few comparisons. The fire loss in this country for 1904 amounted to $252,000,000 or a daily average of $690,410, that makes a loss of $28,767 every hour during the entire year. Perhaps more than one half of the homes occupied by the laboring class of the American people would not cost more than $1,000. This fire loss would therefore equal the destruction of six hundred and ninety such homes a day. If these losses were confined to such homes, they would render homeless two thousand seven hun- dred and sixty people every day in the year or in other words, it would be equivalent to the daily de- struction of all the residence property in a city of two thousand seven hundred and sixty inhabitants. This fire loss in 1904 is equal to more than the estimated cost of constructing the Panama Canal by $20,000,000. It would equal in five years $1,260,000,- 000 or an amount equivalent to our entire national debt. 836 A HAND BOOK A KANSAS PROTEST. Hon. W. V. Church, while state superintendent of insurance of Kansas, in an address on this sub- ject, made the following statement: “If fire disasters were a new evil in the world, humanity would become absolutely horrified in the presence of so great a calamity, and if terror did not rob us of our reason, it is certain that heroic meas- ures would be adopted to stop the ravages of that element which is daily annihilating enormous prop- erty values and literally wiping out of existence the best products of human ingenuity and skill. But long association with dangerous conditions as with evil surroundings brings corrupting results, and it seems to me that intelligent men are guilty of criminal negligence in practically refusing to adopt some means for more effectual protection against the rav- ages of fire. “From a financial standpoint, the state should be greatly interested in suppressing fire ravages for the reason that our state treasury is yearly robbed of legitimate revenues as the result of the annihila- tion of taxable property by fire. ,, To prescribe a remedy for so great an evil neces- sarily implies that we must have an intelligent under- standing of the causes which produce this evil and the laws which control their operation. It is an admitted fact that much more than one- half of this enormous fire loss is the result of ignor- ance, carelessness and crime. Our imperfect statis- tics show that one-third of it or more is caused by C. S. COLLINS, LITTLE ROCK, ARK. He served in the Confederate army. Has a liberal education and has practiced law for years at Little Rock, Arkansas. He was incidentally a legislator, editor, leader in the Bryan move- ment, on the railroad commission, and recently interested and prominent as an advocate of Mutualism in insurance. He is the father of eight grown children, five sons and three daughters. A “Patriarch" and a wide awake, successful insurance man. I. F. TALBOTT, McPHERSON, KANSAS. Mr. Talbott is a native of Ohio, but has been in Kansas for many years. He has always been a farmer and enjoys country life. He is a strong advocate of co-operation in all its forms. For some years he has been president of the Farmers Alliance Insurance Company, of McPherson, and putting forth the best efforts of his life in its behalf — and successfully, too. OF MUTUAL INSURANCE 337 the deliberate purposes of vicious men. Originally envy and maliciousness were principally the causes of incendiarism, but since fire insurance has become a prevalent practice, a new motive has been devel- oped and now incendiarism is practiced very largely as a speculation, or as a means of personal gain. A careful analysis of the causes that produce fire losses indicates that they are of but two general classes, which we designate as the material, and the moral hazard. In the first class we would include all such losses as result from ignorance, carelessness and accidents, while the second class or moral haz- ard, includes only fires intentionally caused by men. When we stop to reflect upon the extent of these losses and the causes which produce them, we can readily see the importance of having some author- ized officer or agent appointed for the specific pur- pose of discovering these elements of danger and re- moving as far as possible such elements and condi- tions. Such an officer is termed a fire marshal. A state fire marshal is the official representative of a department of the state administration, estab- lished for the purpose of making a thorough investi- gation as to the origin and causes of all fires through- out the state; to establish a system of local official inspection that will investigate all classes of property and regulate or remove all dangerous substances and conditions; to suggest and enforce such regulations as will effectually prevent or curtail the destruction of property by fire. If in conducting an examination 21 338 A HAND BOOK as to the origin and cause of any fire, he shall become satisfied that it is of a doubtful and suspicious char- acter, it becomes his duty to make a judicial investi- gation of the case, to summon and examine wit- nesses relative to the case, and if he finds that the fire was of incendiary origin and the evidence war- rants it, it becomes his duty to prosecute the crim- inal. It is his duty to educate the public along the line of dangerous elements and conditions, enforce the laws already existing and suggest other necessary laws for the protection of society from the fire haz- ard. EFFECT OF CHANGES. The great changes that have taken place in our economic system in recent years, the introduction of new and dangerous substances, such as petroleum, gasoline, natural gas and electricity, and their adop- tion and use by the public for lighting and heating purposes as well as for motive power, all present new and intricate problems to the public for their solution. The laws that govern these substances and the methods that should be adopted in handling and utilizing them are not fully understood by those most familiar with them, and while experts on these subjects have much to learn about them, it is not sur- prising that they are dangerous elements in the un- tutored hands of the public at large. The changed conditions added to the introduc- tion of the parlor match, together with the long standing carelessness of many people, who often OF MUTUAL INSURANCE 339 allow a vast amount of rubbish and inflammable ma- terial to accumulate, all suggest the imperative need for a state officer, whose business it shall be to gain and disseminate all needed information on these subjects ; one who shall have a complete supervision of the work of inspection and correction throughout the state. He is, in fact, a kind of a property health officer, with a representative in every town and town- ship, whose work is to discover and remove the ma- terial for, and causes of fires before they have wrought their work of destruction. Fire insurance has become one of the most im- portant departments of our great commercial sys- tem. If it was destroyed, many of our large busi- ness enterprises would be paralyzed and all commer- cial interests would be seriously affected. Its pur- pose is to gather a tax from the many property own- ers and distribute the fund thus accumulated, to the few unfortunates who have sustained loss by fire. It is in fact a great philanthropic institution, based on the divine principle that 4 ‘We are our brothers’ keepers.” Avarice and cupidity have largely perverted this great humane principle, and vicious characters have become so base as to use this benevolent enter- prise as a means of direct personal gain; not hesi- tating to over insure their property and then burn it for the insurance. In many instances they destroy a vast amount of property for their neighbors and the community. 340 A HAND BOOK As we have shown above, this class of losses has become a menace to the public safety, so that the changed conditions of our times make the presence of such an officer imperative. GOOD MEN REQUIRED. From the nature and importance of the work to be accomplished, it is apparent that it cannot be per- formed by any of our ordinary official forces, as it will require all the time of one or more men. It will require a man of rare talent and technical education to conduct the affairs of this office. He will need all the tact and skill of a detective, the courage and per- sistency of a policeman, the legal knowledge of an attorney and the technical knowledge of the scien- tist, with the practical knowledge and experience of an architect. He could materially and permanently reduce the fire hazard by laying down the rules for the construction and repairing of various classes of buildings by directing as to what kind of material should be used and the methods to be employed for ventilation, lighting and heating purposes. It will require all the time and energy of this officer to organize and conduct the business of this department of the state administration, and he will need the assistance of one or more deputies and stenographers for the work of this office. He must direct the efforts and receive and chronicle the re- ports of the fire chiefs and other officers of this de- partment throughout the state. He will need com- plete facilities and equipments for his office and work. OF MUTUAL INSURANCE 341 The best and most satisfactory teacher is obser- vation and experience ; therefore we will give a few extracts from the official reports of the state fire marshals of several states which have tested the fire marshal law. The quotations will explain the nature and importance of the work of this office. FROM OHIO. The state fire marshal of Ohio in his report for 1903 under the head of ‘ ‘ Inspection ’ ’ says: “It is evident from the nature of various causes we have discussed that carelessness either directly or indi- rectly in its many forms is the most prolific of all causes of fires. This being the case, there is no doubt that careful and thorough inspection and the dis- covery and remedy of those conditions most liable to cause fires will bring a marked decrease in the number of fires and the consequent damage. During the latter part of the year, we have been giving some attention to inspection in our large cities. Two thousand seven hundred and thirty buildings have been examined and many dangerous conditions have been discovered and ordered remedied. ’ ’ In discussing the various causes of fires under the class he terms “unknown causes,” the fire marshal says : 4 ‘ During the past year 999 fires have occurred, the causes of which were unknown, this number shows a decrease when compared with the year 1901 or 1902. As the closer investigation of fires progresses, the number of ‘unknown causes’ will decrease, although it may never be possible to 342 A HAND BOOK ascertain the cause of every fire ; especially will this he true of fires where the property concerned has been entirely consumed. In my report of last year it is estimated that of the number of fires reported as ‘unknown’ at least fifty per cent should be con- sidered as incendiary and I am still of the same opinion. ’ ’ In discussing the subject of gas, he says : “Dur- ing the past year 206 fires have resulted from care- lessness in the use of gas. Twenty-five per cent of this number were caused by the use of rubber tub- ing for conveying gas from the permanent piping to stoves, grates and burners. Gas soon destroys rubber, especially the poor quality, thus causing leaks, many deaths from asphyxiation and explosion have resulted, often followed by a heavy loss of property from this pernicious practice. ’ ’ We give below a few quotations from the Ohio fire marshal’s report for 1904. “This (report) shows the number of fires during the first calendar year after the creation of the office of fire marshal to have been more than 1,000 greater than the average num- ber in the subsequent three years. “The parlor match has attained the perfection of utility and, at the same time has become respon- sible for a greater loss of property than any other single invention of man. In Ohio the burning of buildings by carelessness with these matches is a continuous performance, the attending light is never allowed entirely to go out, because a new fire i3 started for each sixteen hours. OF MUTUAL INSURANCE 343 1 1 Of the 446 fires in 1904 from carelessness with matches, 122 were from children, 298 from those of mature years and 22 from rats or mice. The Spec- tator says that a parlor match was responsible for the Sioux City fire, which resulted in the heaviest loss in the west during 1904. A man stepped on the match and the blazing head flew into a pile of cotton batting near by. ’ ’ Under the head of defective flues, he says: “The cost of fire departments added to the $6,850,- 000 of direct annual loss from fires equals fifteen per cent of the total year’s product of all the industries of the state. That is to say, every producer gives one and one-half hours out of each ten-hour day to making good the state’s fire loss. This loss is dis- tributed through insurance. “Each of the 729 fires in Ohio last year from defective flues, could have been prevented easily. If the public can be persuaded to form the habit of examining occasionally their flues, etc., the annual contribution to negligence will be lessened by half a million dollars. “The 729 fires are all from faulty construction or deterioration of chimneys or stove pipes. This figure does not include the 125 fires from soot burn- ing out, 14 from cupolas, nor 5 from open stove-pipe holes, neither does it include any of the 666 fires chargable to sparks from chimneys.” Under the head of “Rats as Fire Bugs,” he says: “Rats cause many fires and the majority of them go to swell that always embarrassing figure to the fire marshal, the footings of the fires reported 344 A HAND BOOK ‘ Origin Unknown During last year Ohio rats were convicted as incendiaries in twenty-six cases, and suspected in several hundred. Eats and matches are known to have caused 136 fires in Massachusetts during last year, with a loss of $133,577 as reported by the fire marshal of that state. A recent fire was extinguished in its incipiency, and in a paste-board box, were found several rats and some charred matches. ‘ ‘ This cost to insurance companies is cost to the whole people, for the companies are but public serv- ants whose only function is the distributing of the fire loss among property owners. The tenant’s share has been collected in advance as part of his rent. In Ohio last year 91 buildings were fired by hot ashes being put in wooden boxes or thrown against the sid- ing of houses or sheds. This figure does not include the fires from tobacco pipe ashes nor those caused by hot ashes falling from stoves or grates.” We have only been able to give a few brief ex- tracts from these reports, but want to add a few sentences extracted from only a few important head- ings. 4 ‘Tobacco smokers cost the state $122,321 in 1904. The great conflagration at Baltimore and at Knoxville both started with a smoke explosion.” “Natural gas secretes more terrible possibilities than any other combustible used as a domestic fuel. Asphyxiation, which is so common from flueless nat- ural gas stoves burning in the bed room, results from the breathing of this poisonous carbon monoxide, produced by heating the stove red hot and not from OF MUTUAL INSURANCE 845 breathing natural gas. The carbonic oxides are the suffocating element in the smoke from all combus- tion. ’ * “The number of buildings fired by carelessness with gas jets during the year in Ohio was 98. The fixture which causes the most earnest criticism from fire marshals while making inspection is the swing- ing jet. A jet should not be within two and one half feet of the ceiling.” “The number of fatalities from the leaking of illuminating gas is not only large but increasing. Flying sparks cost Ohio $2,000,000 a year.” The work of the fire marshal in removing those elements of danger which we have designated as material hazard is clearly indicated in the report of the state fire marshal of Connecticut for 1903, which is as follows: “There were 1472 fires reported, 87 were either incendiary, suspicious or mysterious, (clearly incendiary 51), unknown 318. “Moral:— It is most difficult to obtain suffici- ent evidence to secure conviction in a case of arson, but I feel warranted in the statement from the ex- perience in investigating fires of incendiary origin ; that the investigation has its good effect, although the incendiary is not apprehended. The moral effect is good and may deter others from an attempt at in- cendiarism. NECESSITY OF INSPECTION. “In order to illustrate the necessity of inspec- tions and show the danger from accumulation of in- flammable material, etc. : while this office was inspect- 346 A HAND BOOK ing a store in the business center of one of our larger cities, in descending the cellar stairs, which were cov- ered with paper and rubbish, a match was ignited by being stepped upon, starting a blaze and only speedy action averted what might have been a seri- ous fire, as the stairs and floor of the cellar were cov- ered to the depth of fully six inches with paper and rubbish. In my opinion the value of inspections, that have been carried on by this office for correcting conditions, as stated above, is one of the important branches of the work of this department. ’ ’ FROM MARYLAND. The state fire marshal of Maryland in his report for 1901 said: “I have ample testimony to lead me to believe that the prompt work of this department, supplemented by that of the Baltimore city detective force, has greatly reduced the number of incendiary fires in Maryland. Besides the practical good that has been accomplished the moral effect of these in- vestigations, I am assured, has been felt throughout the state.” The state fire marshal of Maryland in his report for 1901, in discussing the subject of investigation, says : 1 1 The entire cost of maintaining the office of fire marshal for Maryland is $5,500, a mere pittance when compared with the good that has been and may be done through this agency, without mentioning further the moral effect of a perpetual maintain- ance of such a department of inquest. I have saved more than the amount mentioned to the insurance OF MUTUAL INSURANCE 347 companies this year in the blocking of several fire loss claims on the part of persons against whom there was not sufficient evidence to convict of incen- diarism, but who when the facts were laid before them by this office, very discreetly decided not to claim anything like the amount they had originally fixed as the total loss.” Men guilty of crime are not always convicted, but by precaution and vigilance, the fire marshal may be able as in the case cited, to prevent the crime of extortion being added to that of arson. The state fire marshal of Ohio in his annual report for 1903 says: “ Crime of whatever kind as a public hazard can only be reduced to a minimum by extreme vigilance on the part of the public offic- ials, followed by a rigid and certain execution of the laws, and this applies aptly to the crime of incen- diarism. The object of the prosecution of arson, however, is not simply to convict the guilty, but rather to protect the community by making conspic- ious the result of wrong doing, thereby deterring others from committing like crimes. “This office has investigated during the last year 1,664 fires. In each case a statement of the facts, together with the findings of the deputy or as- sistant making the investigation, is now on file and a part of the records of this office. Ninety-one per- sons have been arrested charged with arson, five fled from the state before arrest, forty-six were bound over to grand juries, seventy-six were indict- ed (many cases having been taken directly to grand juries), twelve were acquitted, thirty-six were con- 348 A HAND BOOK victed, nine committed to insane asylums and twen- ty-seven cases are pending trial at this time. “The motives prompting those who have com- mitted arson during the last year have been varied, but as shown by table No. 9 the desire to defraud insurance companies has prompted the commission of arson in more than two-thirds of the cases where convictions have been secured ; and this is due to the fact that this class of arsonists are largely in the majority and not because it has been less difficult to convict where such a motive exists. The utter dis- regard of this class of offenders for the property and lives of their neighbors, makes them the most dangerous and culpable of criminals; and yet the examination of the prison statistics of this state shows that up to the time the fire marshal law went into effect, there was not an average of two convic- tions each year for burning property with intent to defraud insurance companies. “There were more successful prosecutions for this crime during last year than were had in Ohio during the fifteen years preceding the establishment of this office, and there were more successful prosecu- tions in the three and one-half years of its existence than there were in fifty years preceding. This suc- cess is gratifying. The number of convictions dur- ing 1903, as shown by the above, has far exceeded that of any former year, and there has been a steady increase from the beginning. The results obtained during the last year are in my judgment due to the efficiency which experience has made possible. The barriers which invariably surround the ferreting out OF MUTUAL INSURANCE 349 of a mysterious fire can only be surmounted by men who have natural tact for the work, combined with knowledge of human nature and experience in deal- ing with arson cases. The fact of an increased num- ber of convictions for arson during the past does not imply that incendiarism is increasing, for a number of those convicted were charged with having com- mitted the crime several years before this office was established. ‘ ‘ It necessarily follows that the more effectually incendiarism is suppressed, the greater the possibil- ity of lowering insurance rates. The interests of the people and of the insurance companies are identical. The companies are the agents of the public, charged with the distribution of trust funds. Whenever a company is swindled, the loss is eventually paid by the public, each member of the community bearing directly or indirectly a share of the burden. There is no crime in the category of felonies which is com- mitted more often than that of arson. Being so pre- valent, it is difficult in many instances to secure a verdict supported and demanded by the evidence. MAWKISH SENTIMENT. “ Unwarranted and perverted public sentiment for the incendiary who destroys his property for the insurance, frequently carries acquittal to the hearts of the jurors, although the facts and circumstances prove guilt quite beyond a reasonable doubt. To de- fraud an insurance company is argued to be justifi- able, if not really believed, thereby creating a senti- 350 A HAND BOOK ment which influences the commission of this partic- ular crime, increases the moral hazard and moulds false verdicts, a condition deplored by every honor- able and law-abiding citizen. ’ ’ The fire marshal of Ohio in his report for 1904 says: 4 ‘One of the important duties of this office is to make universal the impression that the incendiary will be swiftly prosecuted and inevitably punished. That it has a powerful deterrent effect upon those prompted to arson is shown by the fact that the an- nual number of fires has been reduced by 129. The number of incendiary fires in the state has regularly decreased since the creation of the office of fire mar- shal, while owing to the natural increase in the num- ber of buildings in the state, fires from accidental causes show no such marked diminution in number. ’ r FROM MASSACHUSETTS. The state fire marshal of Massachusetts in his report for 1903, says : “Of the total number of fires 209, or 4.28 per cent were of incendiary origin. The total sound valuation of property damaged by incen- diary fires was $1,111,615, total insurance covering same $906,462, total loss on same $323,683. “Two hundred and fifty-eight fires were of un- known origin. The total sound valuation of prop- erty damaged by such fires, was $8,731,532, loss on same $1,412,560. “The total number of arrests for burning and arson for 1903 was ninety-seven. Of this number, five cases under indictment have been continued to OF MUTUAL INSURANCE 351 future terms of court. There have been fifty-seven convictions. Percentage of convictions to arrests, sixty-two. “In reviewing the work of the past year, it is gratifying to find, that the number of incendiary fires has been less than in any other year since the organization of this department. I am also pleased to report a reduction in the number of fires of un- known origin. The total for the past year being two hundred and fifty-eight, as against three hun- dred and sixty-five for the previous year.” The total per cent of the incendiary fire loss, when the fire marshal department was established, amounted to thirty-three per cent of the annual fire loss. In his report for 1904, the fire marshal says: ‘ 4 The total number of arrests for arson in 1904 was seventy-nine, there have been fifty-four convictions. Percentage of convictions to arrests, seventy. Ten persons in addition have been indicted and held for trial. “By an act of the legislature the fire marshal department was abolished and its powers and duties transfered to the detective department of the dis- trict police, and placed in charge of the able and efficient officer Geo. C. Neal, deputy chief of the de- tective and fire inspection department. Said act be- came a law June 8th, 1904, giving to the members of the fire inspection department all of the powers and duties of a detective officer as well as that of fire inspector. 352 A HAND BOOK “ This was a move in the right direction, as it em- powered them with authority to serve subpoenas and precepts of the court, investigate fires, and perform such other detective duties as might be assigned to them by the executive officer. It also provides that the chief of the department may detail detective of- ficers for the investigation of fires. It is somewhat surprising to learn of the carelessness of the public generally as to the cause of fires. It seems to be the inclination of the average person who is insured to depend entirely upon his insurance to cover any loss that may happen as the result of fire upon the prem- ises insured. I have so many examples of careless- ness regarding fire, that I feel it is my duty to call attention of the public generally to their negligence in this direction ; and if the advice were heeded many accidental fires would be prevented. For instance the use of swinging gas brackets near lace curtains, with the window open to the breeze; the use of wooden cuspidors ; the careless use of matches and kerosene ; and various other means by which accidental fires occur. “I would recommend that in every household, some means of subduing an incipient fire be provid- ed, such as a fire extinguisher or hand grenade. This oftentimes would prevent a serious conflagration, the expense is trifling compared with the annual loss.” The state fire marshal of Ohio, in his report for 1901, says: “The fire marshal law has proved effi- cient in a large number of cases in bringing about the OF MUTUAL INSURANCE 353 prosecution and conviction of criminals, and has been of great benefit to local authorities in their ef- forts to remedy the inflammable condition of build- ings, and remove combustible material, especially in the larger towns and cities. ARSON. ‘ ‘ It seems very difficult to impress upon the minds of the people that the man who commits arson, jeo- pardizes life as well as property. It is a crime against the public at large. When public opinion is awakened to the fact that the enormous fire loss of the state is as directly a tax upon the property of its citizens paid to the insurance companies, in pre- miums and assessments, to be equalized and distri- buted as is the school tax or road tax paid to the county treasurer ; and whenever the public learns to appreciate the fact that arson is a greater crime and deserves more severe punishment than that of burg- lary and equal felonies ; juries will be guided in their findings by good law and common sense. The burg- lar takes from the owner his money and diamonds which is a change of possession, the money is still in circulation, and the value of the diamonds is not de- stroyed, but the fire-bug turns property into smoke and ashes, destroys values, which is a total loss. “Because of the investigations, arrests and con- victions made by this department many of our citi- zens are giving better attention to the fundamental principles of insurance as well as to the different causes for the great fire waste in the state and the motives of criminals in the cases of arson. 22 354 A HAND BOOK “It is invariably true that in localities where in- cendiaries have been vigorously prosecuted, whether convicted or not, a more wholesome condition exists. In several sections of the state incendiary fires had been so frequent that the insurance companies were driven out, the loss being larger than the premium received, and the people were unable to secure in- demnity at reasonable rates, and in some cases no protection at all. There were 1,267 fires of unknown and incendiary origin, the value of property lost was $2,009,175. From the evidence taken and from the light of facts developed in the examination of fires of this character, we believe that more than one- half of these fires were of incendiary origin. We therefore estimate that during the last year the in- cendiary caused a loss to the state of Ohio of not less than $1,500,000, or nearly 25 per cent of total loss of $7,232,010.” While the motives for committing the crime of arson are varied there can be no doubt that the pre- valent one is the desire for pecuniary profit. The same officer in his report for 1902 says: “The incendiary who was actuated to set fire to de- fraud an insurance company is observed to comprise the largest class. He intelligently and carefully lays his plans in some cases beginning months before the intended fire by padding the inventory, by disposing of as much of his stock as possible, etc. Having pro- cured all the insurance possible and carefully laid his plans for the fire, etc.— the fire occurs.” In an address before the Ohio legislature, Charles W. Whitcomb, state fire marshal of Massa- OF MUTUAL INSURANCE 355 chusetts, said among other things : ‘ 4 The moral effect of the past work of the office has had a great deter- rent effect in preventing crime, thereby saving lives and property, by convincing those that would other- wise apply the torch that a policeman was on the beat and that there was therefore a much greater risk of being criminally punished than under the present system, and also by holding up before them the experience of many others, who have found that there was no profit in trying to defraud insurance companies, and the people who honestly support them in the state of Massachusetts. It would seem as though statistics would prove conclusively and to the satisfaction of every sister state that a proper protection to property and life, which the people have a right to expect of their state government would demand universal establish- ment of similar systems, (fire marshals), throughout the states. According to statistics given in the Chronicle Fire Tables for 1893 and covering the whole United States, in ten states the percentage of incendiary fires to the whole number reported was forty to eighty, and in nineteen states the percentage was from twenty to forty. It has a tendency to deter those who have a de- sire to commit the crime of arson. The superinten- dent of insurance of Ohio, after explaining the bene- fit of investigating all suspicious fires, says: “Of the total number of convictions for arson the motive of the majority was to secure insurance. Our inves- tigations have materially reduced the number of fires from this source. We note that these repeating fire- 356 A HAND BOOK bugs have been driven from Ohio to states where there is no fire marshal, to continue their detestable crimes . 9 9 It seems to us that the evidence of the necessities for, and the advantages of a state fire marshal are overwhelming; especially as they do not rest on a mere theory of public economy, but are fully verified by the ample testimony of a number of persons in various states, who speak from their own actual ex- perience in this line of work. Their testimony is especially valuable, as they all agree in their evidence upon every important point and with the judgment and experience of all capable officers who have investigated the subject. It is in line with universal experience and com- mon sense. This office, therefore, is an imperative necessity in every civilized state. BETTER CONSTRUCTION. The average frame dwelling house is a fire trap. The wonder is not that so many burn, but that so many escape being reduced to ashes. Insurance com- panies are beginning to see that the loss rate might be materially reduced and are commencing a series of investigations which will in due time furnish valu- able information. The problem to be solved is how to change the present method of construction so that buildings may be made safer without any appreciable increase of cost for labor or material. It is evident that great changes in the style of work are almost in- variably accompanied by increase of cost. This must be avoided. OF MUTUAL INSURANCE, 357 Inspecting in cases of fire, observing the prog- ress of conflagrations, following the course of the blaze from the beginning to the end, all this work will give valuable information as to where and how fires start and how they spread, what styles of construc- tions permit the easy extinguishment of flames, and how present constructions often make it impossible to save a building if the flames once get started. Beginning with the foundation, it should be solid and vermin proof. The material should be laid in cement or plaster, and the whole should rest upon a footing course below frost, wider than the foundation wall, and projecting out beyond it nearly a foot. Vermin will dig under an ordinary straight wall, but when they go down and come to what appears to be a flat rock they will give up the effort. Most founda- tions are now made in this manner. When the super- structure is erected the spaces above the foundation and between the joists should be solidly filled with brick, cement blocks, or other solid material. This will prevent vermin getting through from the cellar to the upper part of the house. And if a fire occurs in the cellar it will prevent it from running up be- tween the plastering and the siding. The extra ex- pense of doing all this work thoroughly is a mere trifle, the resulting comfort, safety, saving in fuel, freedom from danger of freezing in the cellar, and the riddance from vermin will pay for it many times over every year. The house will stand firmer, there will be no trouble with windows and doors and the building will last many years longer. 358 A HAND BOOK DANGEROUS PLACES. In erecting the building, it is usual to put on sheeting and siding and to leave air spaces between these and the lathing and plastering on the inside. These air spaces not infrequently run from the ground to the roof. If a fire gets into one of these, the draft is strong, and no water can he made to reach the blaze even if it could be located. There is nothing to do but to let it burn through one side or the other. There is especial danger from collections of trash, dead leaves, etc., against the sides of houses in dry weather. A spark falling in one of these piles smolders a while, the draft up the air space fans it into a fire and then there is trouble. The firemen arrive and to find the fire they rip off siding and sheeting on the outside, cut holes through the plaster- ing on the inside and thus no end of damage occurs. If the style of construction described above had been adopted, and in addition the air spaces between the plastering and siding had been shut off by a layer of grout, cement, brick or anything which a rat could not dig through, the danger of all such fires would have been avoided. At each floor, care should be taken to shut off the air spaces in the same manner. No places for fire should be left between the walls. The question may be asked, Why is so much emphasis placed upon keeping out rats? For several reasons. The holes which they gnaw through the walls let fire through in case it breaks out, they gnaw matches and thus start fires, and they accumulate rags and grease in their OF MUTUAL INSURANCE 859 nests and thus prepare the necessary conditions for spontaneous combustion. In addition to these dis- agreeable characteristics the rat is dirty, destructive, and carries contagious diseases. The construction of chimneys is discussed else- where. It is only necessary to repeat here that they should be on a solid support, should be smooth out- side and inside and well constructed. They should be high enough to have good draft and to throw all sparks clear of the building. The inside woodwork should be hardwood where the cost is not prohibitive. If of pine, it should be finished with some slow-burning paint or varnish. The common materials used for such purposes are dangerous in the extreme. Ornamental cornices and all such work should be of metal. Roofs should be of slate or metal wher- ever practicable. If of shingles they should be dip- ped in some slow-burning paint before being laid on. The nature of the paint should be ascertained by actual experiment, testing a few shingles prepared with it in comparison with an equal number in their natural state. Shingles which wrinkle up and catch dirt should be removed. They make good lodging places for sparks. This is simply a description of a well built house. The difference between it and a poorly built house in comfort, durabilty and fire risk is enormous, while the cost is almost the same. The materials in both are the same in cost for the most part. A trifle extra is expended on the foundation, a little on the shutting of the air spaces. There should be no other extra 360 A HAND BOOK expense, as finishing and painting should cost no more in one style than in the other. This style of building recommends itself. It sim- ply needs explaining to the public. Mutual agents can do a great service to the public in their inspec- tions if they call the attention of property owners to the defects and dangerous exposures in their build- ings. While the best time to rectify all these mat- ters is when the building is being erected, there are many errors which can he corrected afterwards. All that the agent can do to reduce the loss will help the company, help his neighbors, and help himself. If the fire loss can he reduced it will of course follow that the fire premiums will be reduced also. The means of preventing or extinguishing fires should be looked after. What is the water supply? Is there a well close at hand, with a good pump and a tank always full of water, or is it at a distance, and provided only with a rope and bucket ? Wliat kind of protective apparatus is at hand? Hand extinguishers are sold and many are recom- mended. But in the ordinary dwelling house they are rarely seen. Many people make it a custom to fill two or three buckets with water every evening and leave them where they will be handy should fire break out in the night. This is commendable, one or two buckets of water might be kept on the upper floors. HOW TO FIGHT FIRE. A few hints on how to fight fire will be useful. The first necessity is self control. It is well to be energetic but not well to exert so much force as to OF MUTUAL INSURANCE 361 break the pump handle at the very first stroke. It is well also to know what kind of a fire is to be put out, and then to use the right means. Oil, varnish, turpentine, gasoline, and similar materials can be smothered out with blankets, or absorbed by fine dust, ashes, sand, flour, etc. The blaze once smoth- ered, the trouble is over, the rest of the work is easy. But water thrown upon such a fire will scatter it. Woolen blankets are best to use for such purposes, and if there is time, they should be wet. Should one ’s clothing take fire, smother it out with blankets, rugs, carpets or anything handy and do it quick. In all these cases use water to extinguish the embers after the blaze has been put out. If fire breaks out in anything which can be han- dled, in a box or barrel, if a lamp or gasoline stove takes fire it should be thrown out of doors. If a lamp upsets and breaks, smother the blaze with a cloth. In most cases it is best not to open the doors and windows and let in the air. When fire occurs in a closet, or the floor, or in the side wall, water is the thing. Women often mop out fires in such places, and one cool headed woman with a mop is worth a dozen excited men and boys. People who have helped put out prairie fires know the effici- ency of a wet gunny sack in slapping out a blaze. These methods are available where the water supply is limited. There should be a ladder at every resi- dence long enough to reach the roof. It may be use- ful in saving life or property if the stairs should catch fire. 362 A HAND BOOK Barns, stables, and similar buildings are gener- ally a total loss if the fire gets a good start. A fire in a haymow is generally uncontrollable as there is usually nothing at hand to fight it with. If the fire is confined to a small space it may be smothered with blankets, wagon sheets and other hay, but water must follow at once. The tramp and his pipe are the cause of many haymow fires and the vagrant never gives an alarm but sneaks off, leaving the property to burn. Similar conditions sometimes exist when boys engage in forbidden sports. Coolness and self possession are absolutely necessary. An excited man will do more harm than good. He will open the doors and windows to give a fire draft, he will throw water anywhere but on the fire, and he will destroy nearly everything he tries to remove from the house. Old firemen know that this picture is not in the least exaggerated. In fact, at a fire it is often necessary to make a detail to keep those excited people out of mischief. But cool, prompt action will often save a building when the case at first appears hopeless. The state fire marshal of Ohio has made some figures. After showing that the fire losses distribute themselves all over the community, he says: 4 4 The annual fire loss plus the cost of fire departments is equal to fifteen per cent of the total year’s product of all the industries of the state. So each producer gives one and a half hours out of each ten hour day to make good the fire loss.” CHAPTER XVIII. LIVE STOCK INSURANCE. There is much disagreement on this question, not only among companies widely separated, but among those operating in the same territory. No plan has been evolved, adapted to all companies, as risks vary in different localities. A herd on the Colorado range and cattle in a well fenced Ohio pas- ture are very different risks, while on the Pacific coast there is no danger whatever from lightning. Perhaps the oldest plan is the go-as-you-please method of permitting each policy holder to place what insurance he pleases upon his cattle, without regard to number or value, and when a loss occurs pay him for what has been killed up to the full amount of his policy. This plan certainly has the merit of simplicity. Occasionally, a company is found which still adheres to it and claims that it is satisfactory, but most companies say that experience has taught them that it is not equitable, that an undue proportion of the income of the company is required to pay for losses on live stock. VARIOUS PLANS Various modifications have been tried. Some limit the amount to be paid on each animal to a spe- cific sum, or to a certain proportion of its value; —363 364 A HAND BOOK others insist that a certain proportion of the herd shall be insured; others still combine both these methods. Companies were driven to adopt these plans by the complaint about assessments by those who had no live stock. At the outset a cattle man with a hundred head would insure ten, but when one was killed by lightning, it was always one of the ten. Owners of buildings and personal property com- plained that the cattle man could protect his herd by insuring a small part of it, while they had to in- sure the whole of their property. But the real trouble, after all, was, as above stated, the fact that the live stock did not pay its losses. Meanwhile, many companies began a careful investigation of their books. They found exactly what this class of risks costs, and were then prepared to act intelligently. Of course the matter was not easily arranged. Occasionally a company cut the knot it could not untie and erected the live stock insurance into a department by itself, paying its own losses from its own assessments. Generally the changes were along other lines. At first the propor- tion of the cattle to be insured was increased to half or three-fourths. Finally many companies adopted the plan of paying pro rata for losses. If a hundred cattle were insured for a thousand dollars, in case of loss the owner would receive ten dollars each. In case he added to the herd he increased the points of risk and the sum in his policy would still be divided by the number of his herd to ascertain the amount to be paid for each animal in case of loss. The same principle would apply if he reduced his herd. He OF MUTUAL INSURANCE 365 would get a larger sum for each animal up to a cer- tain amount named in the policy. Prudent policy holders generally notify the company of changes and have them entered on the policy and thus save all trouble. Under these circumstances, live stock pays its proportion and each policy holder knows just what he is doing. Another change from early meth- ods is in dealing with valuable animals, stallions, pedigreed stock, etc. Formerly they were appraised and paid for along with the others. Then the limit was put on which reduced them to the level of or- dinary stock. This was equally unsatisfactory. There seems to he no better method than insuring such animals by themselves, by name, number or description, and placing a value upon each. PROOF OF LOSS. Direct proof is not to be had under ordinary cir- cumstances. Rarely does anyone see an animal knocked down by lightning. Usually the owner, looking over his field, finds it dead. What killed it? There are no indications. There was a storm a few days ago, it must have been the lightning. So a couple of neighbors are summoned, they agree with the owner and the necessary affidavits are made out and sent in and the company pays. That is all. True, there are occasionally other indications, as when dead animals are found along a wire fence or under a splintered tree, but usually it is as above stated. All indications for ascertaining whether or not the animal has been killed by lightning, such as loose teeth, black tongue, etc., have so far proved totally 366 A HAND BOOK useless. Possibly dissection by a competent veterin- ary surgeon might sometimes show that lightning was not the cause of death, but to make such examin- ations would generally cost more than to pay the claim. No exclusive method can be laid down. Local conditions, old customs, etc., will require companies to adopt different methods in different places and live stock insurance is no exception to the general rule. RATES. The rate for insurance against loss by lightning will vary with the climatic conditions of the locality, thunder storms being more prevalent in some re- gions than in others. But in all cases where there are wire fences a reduction should be made when the wires are properly grounded. This can be done by attaching wire, preferably a size larger than the fence wire, and burying the ends in the ground. Care should be taken that ground wires come into actual contact with the fence wires. They should be twisted tightly two or three times around them. Where one wire is used, as for telephone purposes, it must remain insulated, but the others should be grounded. Telegraph companies use a lightning ar- rester, something like a comb with sharp teeth almost in contact with the wire. It draws off the electri- city. Something like this will probably be made for use on fence wires and telephones. A wire fence, properly grounded, is a protection to cattle in a field ; if not grounded, it is an element of danger. OF MUTUAL INSURANCE 367 FROM AN OLD ADJUSTER. The following article is by V. Goodsheller of McPherson, Kansas. It covers the ground and fur- nishes much valuable information. In six and one-half years as adjuster for the Farmers’ Alliance Insurance Company of McPher- son, Kansas, I have had some little experience in adjusting live stock losses. When we first commenced insuring live stock, we issued a blanket clause on all live stock owned by the assured and the contract read that the assured carry not less than one-half on all live stock owned and in case of loss the company should pay market value of animals killed. The first difficulty encountered under this clause was that assured would increase his herd in some cases to ten times the number and value of insur- ance carried and still expect and insist on the com- pany paying him market value in case of loss. This we did for awhile, hut found that live stock insurance under such a contract did not pay its way. Of course the deficiency had to be met from premiums and assessments received from insuring other prop- erty, which was burdensome to those of our patrons who did not increase their herd or who carried in- surance only on other property. So we evolved the plan of prorating the man who had increased his herd by making him furnish a statement of the value of his live stock at time of loss. If he carried $500 insurance, the company would pay him market value provided the market value of all his stock at 868 A HAND BOOK the time when the loss occurred did not exceed $1,000, but if his stock invoiced $2,000, he would only get one-half. But even this plan did not equal- ize the premiums, so we tried the three-fourths plan, making the assured carry or pay premium on three- fourths value of live stock in order to obtain market value, allowing him to increase his herd twenty per cent before we would pro rate him on a loss. This plan we also found inefficient and complicated, for the average farmer gets confused when you talk to him of percentages and prorating. At last, however, we hit upon the plan of always paying according to insurance carried. The assured may carry $10, $15 or $30 a head on his cattle, and in case of loss the amount he carries is always divided by the number of head he owns at the time of loss, with a proviso, however, that the company shall in no case he liable for more than double the amount placed on each head by assured. Under this plan the assured receives just exactly what he pays premium on and no more. We have had this plan in operation over six years and find it gives satisfaction to both the company and its pat- rons. There is no haggling over the price or value of the animal killed; when proof is made the loss adjusts itself. PARTICULARS REQUIRED. But the proof is where the rub comes in. We require a sworn statement, substantiated by sworn statements of at least two witnesses, living contig- uous to claimant, both being land owners. R. M. SCOTT, PITTSBURG, KANSAS. Mr. Scott is the president of the National Mutual Insurance Association of Pittsburg, a go ahead institution which is growing rapidly. Mr. Scott is energetic, active, and is a thoroughgoing co- operator. He never loses an opportunity to advocate the cause he has espoused. c. m. McMillan, carthage, mo. Mr. McMillan is president of the Carthage District Mutual Cyclone Insurance Company, is state vice president of the National Association of Mutual Association of Mutual Fire In- surance Companies, has filled the position of vice president and acted on several important committees. He farms on an extensive scale, is a thorough business man, and a strong ad- vocate of Mutualism, especially of Mutual Fire Insurance. OF MUTUAL INSURANCE 369 1st.— Giving date and hour as near as possible when animal was killed. 2nd.— That there was an electrical storm at that time. 3rd.— How long before the storm the animal was seen. 4th.— What marks were found on animal to indi- cate lightning. 5th.— How long after the storm the animal was found. 6th.— Give position of body when found. 7th.— Give distance from wire fence, trees or buildings where body was found. 8th— Were there any marks of lightning on these ? 9th.— State where such animal was when killed, or injured, whether in barn, on prairie or on public highway. 10th.— Did you have any other insurance on such animal when killed, if so, give name of company and for what amount. 11th.— Was such animal perfectly healthy pre- ceding the storm, if not, state in what respect. 12th.— Had such animal ever been sick or diseased? If so, state particularly when and what the nature was. 13th.— By whom was the dead animal first dis- covered 1 14th— That the said deponent further states that nothing has been done, or by his privity or consent 23 370 A HAND BOOK to violate the conditions of his policy or render it void. 15th.— We require a complete invoice of all stock owned of the class in which loss occurred, also sworn to. And a number of other questions of minor im- portance relating to ownership and different kinds of stock. ILLEGITIMATE LOSSES. And yet, in spite of these precautions, we pay for a number of illegitimate losses in the course of each year. A great many report stock killed by lightning that is found in such a state of decomposition that no one can tell whether it was killed by lightning or died from disease and we are often compelled to send the proof hack for more explicit evidence or send an adjuster for personal investigation. I remember in one case where notice of loss was sent to the company, proof blanks were sent the party, but he refused to make any sworn statement. On personal investigation I found that the animal killed was owned by son of assured who was of age but carried no insurance and I told the assured he had no claim as the insurance contract covered only his own property, so he withdrew his claim. In another case, a report of loss was sent to the company. I investigated the claim and found that a straw stack undermined by cattle eating during the winter had toppled over onto a heifer, smothering her to death, and succeeded in having the claim with- drawn. OF MUTUAL INSURANCE 371 In another case a man reported a horse killed by lightning, standing in a stall in the barn. I in- vestigated the same personally, found no evidence of lightning on the barn nor on any of the surround- ings, so this claim was rejected. Another case. A steer was reported killed by lightning in a wood pasture, which was also used for a hog pasture. On personal investigation I found that the animal had been eaten up by hogs and when found nothing but the bones remained to tell the story, and what kind of proof could be furnished in such a case, when immediate surroundings of the place where bones were found showed no evidence of lightning? Of course this claim was rejected. And thus I could go on indefinitely, citing case after case where proofs were insufficient on which to base a legitimate claim. ANOTHER DIFFICULTY. Then there is another difficulty that sometimes confronts us. In our application and policy are three clauses, for horses, mules and colts, viz. : On work horses, not exceeding $ on any one. On mules, not exceeding - $ on any one. On colts, not exceeding - - $ on any one. A man places insurance on work horses only, has a colt killed, sends in a report of loss— colt was killed by lightning. We write back to him that he has no insurance on colts, and consequently no claim against the company. In the majority of cases he comes back to us rough-shod, says when the agent wrote him he understood the insurance would cover 372 A HAND BOOK colts also, and if the company refused to pay their legitimate (?) losses, he was done with them, and they should at once send him back his premium and cancel him out. But, on the other hand, if he loses a work horse he is very careful to call the attention of the company to the fact that while he has three colts, they were not insured and his insurance applies to work horses only and must be so computed. The same applies to cattle. The assured in mak- ing out proof of loss sometimes claims that calves were or were not insured, as the case may be. So the adjuster and executive board are quite frequently up against it; however, we try to do our duty and treat all our patrons alike, for every dollar paid out for illegitimate losses in a Mutual company is an unjust tax on all honest policy holders, and the adjuster, with the executive board, must act as a check to all such grafting and dishonesty. CHAPTER XIX. HAIL INSURANCE. Insurance against the elements, hail, wind and electricity, differs from fire indemnity in the fact that no human agency is concerned in the causes of loss. Care cannot avoid disaster, nor does negli- gence invite harm, from hail or wind. There is and can be nothing corresponding to incendiarism or arson. The coming of a destructive storm cannot be foretold. Weather prophets have attempted it from time immemorial but beyond the indications for a few hours in advance, their predictions have all proved failures and the theorists have followed each other, in unbroken procession, into the shades of oblivion, and the weatherwise of today will soon be forgotten, even as their predecessors were. The available statistics have not furnished in- formation of much value. Hail companies have kept careful records, they have mapped every storm re- ported to them, they have compiled the results, and have arrived at conclusions only to discover that circumstances may change at any time and this in- formation, gathered at so much cost, may at once become useless. —373 374 A HAND BOOK AN UNFOUNDED THEORY. For some years the theory prevailed that storm regions of the Mississippi valley and the plains were permanently located, that there were areas where there were frequent hail storms and others where they were unknown. Experienced hail insurance men have given up this idea. They cite instances of long exemption, in one case forty years, only to be followed by terrible destruction. Different ratings are made for different states by some companies but it is doubtful if the regions in which the risks are not the same are bounded by state lines, and these boundaries are by no means permanent, but change with the seasons. That the climate and the rainfall of vast tracts of land may become permanently modified is a the- ory often advanced but the weather: records of many years past do not give it support. The storm regions of the country have been mapped. But how and why the storms within these areas take their courses is not known, nor is it possible to make any accurate predictions as to what the weather will be in any particular year or series of years. Local hail companies have learned this lesson. They have discovered that they may operate smooth- ly and prosperously for three or four years and then matters may change and they may have as many years of disaster. To fit the rates to these conditions is one of the problems which has caused the hail com- panies much anxious thought. OF MUTUAL INSURANCE 375 PECULIAR CONDITIONS. In fire insurance the hazard is continual. Ad- vance premiums are not fully earned till the lapse of an entire year. Hence the necessity of a fund large enough not only to pay current losses and ex- penses but to re-insure all risks. With the hail com- pany the hazard begins when the policy is taken out in the spring and closes when the crop should be harvested, anywhere from July 15, to October 15, according to the grain insured. The rest of the year there is no risk. For this reason most companies which insure for only one year settle up everything in the fall and hibernate till the next spring. If such companies would always levy assessments or collect cash sufficient to pay losses in the very worst years they would need no reserve. Those which do so and which have never been obliged to pro rate are by no means numerous. The extreme variation of the seasons renders it impossible to avoid an occasional heavy assessment. Then there is dissatisfaction. Generally there are many who leave the assessments unpaid. Owners of farms can be reached, tenants with long leases are generally prompt in paying, but many of the migrat- ing class change their location and leave their assess- ments unpaid. It is evident that much depends on the character of the community in which the com- pany does business. If the members are mostly farm owners, and the few rented farms are looked after by their proprietors, there will be but little loss of assessments, and the method under discussion can be 376 A HAND BOOK safely adopted. In some states, however, the total assessment is limited and in these, there mnst he an occasional pro rating of losses. Several companies doing business on this plan have reported to the committee. As to whether it is a success or not, they are about evenly divided. They all favor a reserve. How large this reserve should be is a question which would be answered according to the locality. Some companies have paid in full under a limit of 3 y 2 per cent assessments, while oth- ers require from 4% to 7. Much also depends on the amount of risk accept- ed by the company. Some take all that is offered, while others will insure only 160 acres in a section, or $1,000 in value. Usage varies with regard to the amount at risk per acre, some limiting risk to the cost of preparing the land and seeding, others in- suring to full value of the crop. Ordinarily, hail storms do not cover very large areas, but in some seasons the reverse is true. Then the conditions become somewhat like those of the fire companies which have conflagration risks. The ab- normal losses cripple companies which carry no re- serve. In 1904 a storm swept over six counties in Kansas, an area of over 5,000 square miles. Within this territory were strips devasted by hail utterly destroying the crops and these strips covered nearly the entire area. A single company gives its losses as in excess of $160,000. The state reports give forty-three Mutual hail insurance companies in Wisconsin, Iowa, the Dako- OF MUTUAL INSURANCE 377 tas, Nebraska, Kansas, Oklahoma and Colorado. Their methods of business vary so much that an ac- curate classification would require a separate class for each company. ANOTHER PLAN. There are some among these which assess annu- ally after the losses of the season have been ascer- tained. They claim that this plan is successful and satisfactory. There still remains the vexed question how to pay losses in full and keep down the assess- ments. An examination of the reports shows that as long as assessments are sufficient to pay losses in full every thing goes smoothly but if the limit is reached and pro rating is resorted to, there is dis- satisfaction and loss of business. As an illustration, the following report is given, round numbers being used for convenience. In 1901 a Hail Company had $350,000 at risk, losses $16,000, all paid with a small surplus. Next year the risks were $500,000, losses and expenses $36,000, of which only $25,000 was paid. In 1903, the next year, the risks fell to $370,- 000. The losses were paid in full and the next year the risks increased to $934,000. The losses were again paid in full and a good surplus left. Similar facts are shown by other reports, and the same state of affairs occurs among the fire Mu- tuals. A heavy assessment or a pro rating of losses will drive away business. If companies were al- lowed to accumulate a small reserve to be used in abnormal seasons, this difficulty would be obviated. 378 A HAND BOOK Such a reserve need not be very large. Nearly all companies conducted on the plan above described have had experience in bad seasons. They have a record of these years and a reserve sufficient to pay the extra losses for, say two years, would be suffici- ent. In the case of the company above quoted $11,- 000 would have enabled the company to have paid its obligations in full. It is evident that if the good years can be made to pay for the bad ones the burden of assessments would not be heavy in any year. FROM MINNESOTA. The following letter from a Minnesota hail com- pany director will be interesting as it is a statement of actual experience along the lines under discus- sion. He says: “We organized our company with the idea of meeting our losses on the assessment plan the same as in the fire companies, but in 1902 we met with losses amounting to over $140,000 and could pay only 70 per cent of the losses and this caused us the loss of many members, and again in 1903 we met with another disaster and paid only 35 per cent. The state law was such that we could pro rate and make full settlement, which we did and then reorganized on the note plan. Last year we wrote at 3 per cent or 15 cents per acre and limited the risks to 160 acres on a section and 3,200 acres in a township and for- tune favored us so that we have a start on which we believe to be a safe plan. Had we done this when the company was organized we would have been able OF MUTUAL INSURANCE 379 to carry liail insurance in this state for an average cost of 3 per cent and yet have a small surplus in the treasury. ’ ’ This company is exceedingly cautious about bunching risks. It will not take more than one-fourth of the risk on any one square mile, nor more than one-sixth in any one township. This reduces the danger of loss from sweeping storms. Another letter from an experienced hail man says : “We began business in 1899 and the first years we were issuing policies on the five year term with the limited liability and then only calling for such an amount at the end of the year as was necessary to pay the losses that year. But for two years out of the five the losses exceeded the limit of liability and we were compelled to pro rate the losses. At our meeting in J anuary, 1904, we readjusted the rate according to the hazard in the different parts of the state and we are now collecting a fiat rate payable on June 15th or September 15. If the premium is paid June 15, it is one-half of one per cent less than if not paid until September 15, and we are now issu- ing the perpetual policy. We find after a year’s experience under this new plan that we are much bet- ter pleased with it. We have had a smaller per cent of cancellations than ever before and a better per- centage of collections. It is a little harder to write business but when they once understand what they are to pay they are much better satisfied than under the assessment plan. Under this plan we were able 880 A HAND BOOK to pay our losses sixty days before they were due and at the end of the year we had over $6,000 in cash reserve and over $5,000 in premiums collectable. 4 ‘We try to educate our members thoroughly to understand just what their insurance is and we en- close you a copy of a personal letter we sent to all of our members. ” It should be noticed that the perpetual policies of the eastern and the western companies are not the same. In the eastern companies there is a large de- posit. The western perpetual policy is one which is in force as long as the assessments are kept up. In the personal letter above alluded to the state- ment is made that the payments for hail have aver- aged $30 on the $1,000 at risk since the company has been in existence. This is below the average. FROM IOWA. This letter is from Iowa. “I think that the farther northwest, the more hail we get, but as to any one county being extra haz- ardous I do not think that it is. The more that you can get on a quarter section the better for the com- pany, for you have more to assess on. Take all you can get on a section, as one section is no more liable to be hit than another. “Grain blown down is not broken down, and grain hit by hail is broken about three to six inches from the head. OF MUTUAL INSURANCE 381 “I think you had better issue policies for five years. Premiums could be paid in advance where you have a limit to the assessment and where the as- sured agrees to take his share of what is left after the officers and expenses are paid, but if your policies are written so you have to pay in full then you will have to make assessment after the losses occur.’ ’ Another, a Minnesota company, the Park Region, has had the following experience. 4 ‘In reply we have to say that we have had ten years’ experience in this business and so far as the Mutual plan upon a credit basis is concerned we have come to the conclusion that it is a failure. “We collect $2 membership fee at the time of taking the application, and limit the liability of the applicant to an assessment of not to exceed five per cent of the amount of his policy and which becomes due October 1, each year. Our policies are written for a term of from one to five years. The chief ad- vantage of the five year business is found in the re- duction of the expense of writing the business, as the cost is the same in writing one year business as it is in writing five. Of course there is a liberal percent- age of the long term business cancelled Jong before the contract expires, either at the request of the as- sured or through his failure to pay his assessments. “The latter we find to be the chief objection to the long term policy, as we are usually unable to col- lect more than 50 per cent of the premium after the first year, while the liability existing against us is always 100 per cent upon such policies in force. 382 A HAND BOOK “We have stated that in our opinion, the credit system of insurance is a failure. Our reasons for this are owing to the inability to collect assessments. They are among the hardest of collections. To ask a man to pay an insurance premium after a hazard has passed is a good deal like asking him to pay for a dead horse. In fact it is worse. Many of them imagine that because they have had no hail or dam- age, that they therefore have had no benefit and they feel under less obligations to pay such a debt than almost any other. 1 ‘ At any rate, after exercising the greatest care of which we have been able in the selection of insur- ance, and using the greatest diligence in the effort to collect, we have been obliged to charge off as worth- less, on an average, of not less than 25 per cent of our premiums— sometimes more and sometimes less. To this loss must be added the large expense inci- dental to effecting the collection we do make. ‘ ‘ Our rates of assessment have run from Sy 2 to 5 per cent, and while each year we have succeeded in the payment of our losses in full, yet there have been some seasons in which we have been obliged to borrow part of the money in order to do so, and there have been several seasons when the manage- ment (aside from the secretary) have received noth- ing for their services. We believe that a cash prem- ium should be collected at the time of writing the insurance, and in case this premium produces an amount in excess of the needs of the business, this excess is rebated back to the policy holder. Such a OF MUTUAL INSURANCE 383 plan would largely reduce the expense of conducting the business and at the same time obviate a loss of at least 25 per cent of the premiums, which under our present plan and the plan of all Mutual companies of which we have knowledge, is now worthless. In the making of this saving the rate of premium and cost of insurance to the insured would be much re- duced and the payment of losses could be made at a much earlier date and, we believe, would be much more satisfactory all around. “We believe there should be different rates of premium upon different classes of crops and in dif- ferent localities. There are some localities where hail of more or less severity seems to make its an- nual visit and cause more or less destruction, while in the same region, and only a short distance re- moved, other localities appear to be almost immune. Fruit, both small and large, and tobacco, are the most hazardous crops to insure. The rate on fruit should be twice that on ordinary crops. Oats, corn and flax are among the least hazardous. We at- tempt to distribute our risks over as large a terri- tory as possible and aim to insure only 160 acres in a section. In practice we sometimes exceed this a trifle, it depending upon thq locality.” FROM NEBRASKA. This is from Nebraska. “ It is quite true that different crops take differ- ent rates. Our experience has proven that there is not much difference in the risk on oats, corn and 384 A HAND BOOK wheat, though the risk on oats is possibly the small- est risk. But we do not think there is enough differ- ence in these crops to warrant a difference in rates. It is possible that the risk on corn is less than on wheat. This is no doubt true, especially in Kansas, as your storms there occur as a rule earlier in the season and the wheat being farther along the risk would no doubt be greater than on the corn crop. The risk on barley, spelts and rye is just about twice as great as on any other crop. We believe that the rates should be twice as high. We have never made any difference here because there is so little of the above crops raised in this state. 4 ‘ It is no doubt true there are small areas more subject to hail than other territories. Still, my ex- perience in writing insurance in several different states has shown me localities where farmers have told me that they had lived in the same neighbor- hood for twenty or twenty-five years, without losing any crops to speak of, and then were hailed out as many as three years in succession. We find, how- ever, that there are localities in this state that have proven more hazardous than others. For instance we believe that the territory adjoining rivers is more subject to hail than farther away. “We do not think any company could write all the insurance that is offered. We believe that 250 to 300 acres on a section is all the insurance that should be written; and do not think that too much should be placed on one acre of crop. Our plan is to insure for about what the expense of farming and DR. JOSEPH SAUNDERS, ANDERSON, IND. Dr. Saunders was born at Troy, Ohio, June 1, 1849, grew up on the farm, moved to Madison county, Indiana, in 1871, and graduated at the Indiana Medical College, Indianapolis, in 1874. He has been in continuous practice since that date. For the last twelve years he has succeeded himself as presi- dent of the Madison County Farmers’ Mutual Insurance Com- pany, which was organized in 1885, and is in a dourishing condi- tion. ROBERT A. KIRKMAN, ANDERSON, INDIANA. Robert A. Kirkman was born at Greensborough, N. C., Nov. 23, 1852. He emigrated with his parents to Missouri in 1858, and with them in 1873 located in California. For many years he was here interested in the business of fire insurance, having acted as agent for many of the best companies. After retiring from this business he purchased a farm in Madison county, Indiana, where he now resides. Mr. Kirkman at once identified himself with the “Farmers Mutual Insurance Company”, of Madison county, and for three years was chosen as its treasurer, and for the past five years has been its secretary. He is an active member and worker in the ranks of the Mutual Insurance Companies Union of Indiana, and also of the National Association of Co-op- erative Mutual Insurance Companies of the United States. OF MUTUAL INSURANCE 385 rent of land would be worth. For instance, we in- sure at one rate, namely $6 per acre. Of course the risk would be all right to insure at a lower rate. But our experience has proven that a great deal of dis- satisfaction has been caused in neighborhoods where losses occurred and they were insured at different rates per acre. “It is sometimes a little difficult to tell whether the grain has been blown over by the wind or knocked down by the hail. In most cases where hail accompanies wind you will find the straws shredded to a certain extent or broken more than when blown down by the wind. It is not often that the wind alone blows down crops so badly that a good portion of them do not rise again, at least in some part of the field. But when blown down by a twister it is then quite easy to tell whether it is done by the wind or the hail. Losses of this kind are hardest of all to adjust, especially where the farmers try to take ad- vantage of the company. “We believe that it is best to issue policies for a longer period than one year for this reason, the hail risk being so much greater than fire risk, busi- ness should be obtained at a smaller expense in order to have as much of the premiums to pay losses with as it is possible. It is therefore best to write busi- ness for a longer period in order to save commis- sions and other expenses. Provision can be made in the policy for change or transfer. The business could no doubt be conducted more satisfactorily if 24 386 A HAND BOOK premiums were paid at the beginning than at the end, before the losses occur. Then, of course, so much business could not be written by the companies be- cause it is the time of the year when a great many farmers do not have ready money with which to pay Insurance. We make a slight difference in rates if premiums are paid before the season begins. We charge them y 2 of 1 per cent more when they are paid in the fall; we also have provision in our by- laws that no member shall have a claim for loss against the company until his premium is paid. If it is not paid before the loss was reported, remittance must accompany his notice of loss. We find this plan works very satisfactorily, keeping a great many from reporting slight losses when the loss is nothing to speak of.” FROM COMMISSIONER DEARTH. Hon. Elmer H. Dearth, insurance commissioner of Minnesota, says in his report issued February 24, 1904: ‘ ‘ Those companies authorized to transact the business of hail and cyclone insurance upon the Mu- tual plan in the state of Minnesota have, in common with the preceeding two years, had a sad experience during 1903— their losses being very excessive. While a majority of said companies paid their losses in full as adjusted, still there were three or four that were not so fortunate, on account of the failure on the part of a large percentage of the policy holders to promptly pay their assessments. One company could not even have paid 50 per cent of the losses as OF MUTUAL INSURANCE 387 adjusted, had the entire assessments been collected in full. The adjusted losses of this particular com- pany exceeded $100,000, while the proceeds of its as- sessment, which was levied for the full limit permit- ted under the statute, if fully collected, would not have exceeded $53,000. This unusual experience is evidently due to the fact that its risks were not prop- erly scattered or distributed, the losses amounting in one county alone to practically $45,000. “One other company— The German American Mutual Hail of Wadena— was unable to pay any per centage whatever, consequently, proceedings were duly instituted for the appointment of a receiver to wind up its business and financial affairs. “As regards the matter of expenses during the past year, none of the companies appear to be sub- ject to criticism; in other words, there has been no evidence of extravagance in this direction, practical- ly all of the companies having kept within their one per cent limit, as provided under the statute. Practi- cally all losses as sustained by the companies on ac- count of cyclones and windstorms were paid in full, as adjusted. “It is clearly evident, in view of the failure on the part of a large percentage of the members to pay their assessments, that the only practical method to be pursued in conducting this class of business is to require the payment of a full premium in cash or secure bankable notes upon delivery of the policies ; in other words, no company should assume a dollar of liability, on account of losses through hail, 388 A HAND BOOK cyclones, or any other contingency, until the cash funds with which to pay the same have been actually collected from the member or policy holder. The system which has been universally followed in the past, namely : not requiring the members to pay even a single dollar until after all liability for losses has accrued, including management expenses, is respon- sible for practically all the financial ills and troubles of these companies. No enterprise, regardless of its character, could be successful if conducted on such an unbusinesslike basis. Experience proves that a very large percentage of the membership, or policy holders, in event of not sustaining any loss, refuse to pay their assessments when levied at the close of the year, consequently, if the losses have been excessive, in the absence of a substantial reserve fund, the com- panies are unable to promptly liquidate their liabili- ties, the alternative being settlement upon a pro rata basis, and then, in many cases, only for a small per- centage of the total liabilities accrued. When the claims for losses become due, instead of having the funds in hand with which to pay the same, the same are in the pockets of hundreds or thousands of policy holders, scattered all over the country, many of whom refuse to let go of it, other than at the end of a law suit. Insurance companies certainly cannot pay losses, or other liabilities, until they have received the money from their policy holders, and the time to get it is upon delivery of the policy, or at time of securing application. OF MUTUAL INSURANCE 389 THE MINNESOTA LAWS. The Minnesota statutes provide that: 4 4 All companies organized under the provisions of this act shall charge and collect on their policies at the time of delivery thereof a full mutual premium in cash, or notes absolutely payable, at a rate which shall not be less, in the hail department, than two and one half per cent per annum of the face amount of the risk. ‘ 4 Each policy holder, in addition to the premium paid or contracted to be paid, shall be liable to an as- sessment, to pay his proportional part of all losses and expenses sustained and incurred while a member of such company, not exceeding, however, in addition to the premium named in his policy and contract, a sum equal to such premium, provided such assess- ment, in addition to the premium heretofore paid or contracted to be paid, shall not exceed, in any one year, the sum of five per cent ; provided, he is notified of such assessment within ninety (90) days after the expiration of his policy and if his policy is for not more than one (1) year, within ninety (90) days after the expiration of his annual insurance there- under. The mailing of such notice to the last known address of the member shall be deemed sufficient notice of such assessment. 4 ‘ The total amount of liability to which a mem- ber is liable shall be plainly, legibly and correctly stated both in the application, policy and note, if a note be given.” 390 A HAND BOOK The expenses of any liail company must not exceed one per cent on the total amount at risk. The following address was delivered by John F. Zimmer, secretary of the United Mutual Hail Associ- ation at the state meeting of the Nebraska Mutuals. It covers the ground very thoroughly. ‘ ‘ Mutual hail insurance undertakes to do practi- cally the same thing that any other form of Mutual insurance does, that is, to give to its members insur- ance at actual cost. And while it should be the fixed determination of all hail insurance organizations al- ways to strive by legitimate means to make the cur- rent cost as little as possible, they should, however, never lose sight of the fact that insurance of any kind which is not secure is not worth paying for. But they should be certain to make it cost enough to keep it permanently secure against all unforseen dis- asters and pitfalls. In 1897 the legislature of Nebras- ka passed a special act providing for the organiza- tion of Mutual hail insurance companies. This law provides that hail companies may write a limited liability policy, provided, that if losses for any one year should exceed the limit of all the liabilities of its members, as provided by its by-laws, then the sufferers must accept their pro rata share of all funds available in full satisfaction of their loss. ‘ ‘ During the course of time several hail insurance companies were organized. Some were organized with good intentions. Others, seeing that the legis- lators had forgotten to place any restriction on the officers having charge of the funds, were organized OF MUTUAL INSURANCE 391 for no other purpose than for personal gain. This kept up each year until 1903, when the legislature amended the laws, providing for a restriction on the officers in the form of a $50,000 guarantee bond, run- ning to the State of Nebraska. This law has had the desired effect and has put an end to the wild cat hail insurance business in Nebraska. “But let us go back to the by-laws adopted by all the companies that were striving to do a legiti- mate business. The universal custom of farm fire companies to collect each year what was needed for losses for that year caused the hail companies to adopt similar plans, and as time went on this plan has practically proven a failure, and some of our companies who were striving to do a legitimate busi- ness have given up the struggle and quit business, so that out of some dozen organizations only five were in operation during the past season. The reas- on of the failure of so many companies was due to the fact that about every other year, or at least two years out of five, the losses would exceed the limit of their collectable premiums, and the losers for the bad years would have to accept their pro rata share of the funds realized for their losses. AN INJUSTICE. “The injustice of a limited liability and then collecting only such an amount as was necessary to pay the losses, in years when the losses were less than the limit, can readily be seen from the fact that those who lost their crops during the years that it 392 A HAND BOOK did not require the full amount were fortunate enough to get their losses paid in full, while those who lost during the years that the losses exceeded the limit were compelled to accept their pro rata share of the funds realized. Though they all paid alike for a five-year period, they were not all treated alike in the payment of losses. If, however, they had all paid the limit for the full five years and what was not needed in the years when the losses were less than the premium had been held as a surplus to meet the unforseen disaster when the losses exceeded the premium collectable for that year, they could have had surplus enough on hand to pay all losses each year, and in that way treat all members alike, and all receive 100 per cent on the dollar for losses. AN EXPERIENCE. “The United Mutual Hail Insurance Associa- tion, of Lincoln, has during its six years of existence carried $7,194,000 of risks, upon which it has paid $214,994.70, an average of 3 percent on every dollar of risks carried, or $30 for every $1,000 of insurance carried. This association one year ago adopted the level premium basis and during the past season has been able to pay all losses in full, and set aside a surplus of over $6,000 cash, besides having upwards of $5,000 in collectable premiums, to meet future losses, providing the losses should exceed the total amount that could be collected in any year. This puts the association on what we believe to he a reas- onably secure basis. OF MUTUAL INSURANCE 393 MEAGER STATISTICS. i ‘ State reports give very little help in the way of statistics. Iowa reports the average cost of hail insurance as $31.30 per $1,000. This figure is ob- tained by adding up the average of the Iowa com- panies and dividing by thirteen, the number of the companies. This is the method generally employed. But Iowa had $7,655,103 at risk in Mutual companies and the total losses were $327,265.33. And this gives an average cost of $42.75 per $1,000. The highest cost per $1,000 given in the report is $59.47. “Wisconsin reports but one company doing an exclusive hail business. Its average cost was $37.63 per $1,000. But this did not pay the losses in full and is, therefore, too low. “Nebraska reports give an average cost of $46.06 per $1,000. Special reports give from $30 to $50 per $1,000. 4 ‘ Minnesota, in 1903, had $8,364,942 at risk. The losses were $278,090.64. This is $33.35 on the $1,000. The total assessments levied were for both hail and cyclone insurance $448,386.42 ; amount collected $283,951.27. The expenses for the hail insurance cannot be ascertained as they are not separated from the cyclone business except in the case of a few com- panies which did a hail business only. They average nearly one per cent or $10 per $1,000, which added to the $33.35 would have made the cost approximate- ly $44 per $1,000 had the losses been paid. “It is evident that hail insurance is not yet on a scientific basis. Statistics are meager and unsatis- 394 A HAND BOOK factory. But some facts seem to be established. It may be stated that the hail risk will average over ten times as great as the ordinary fire risks. Different localities as well as different crops should take dif- ferent rates. The bunching of risks, or failing prop- erly to scatter them, is more dangerous to hail com- panies than is the conflagration risk to fire com- panies. Hence the necessity of larger territories in which to operate. ‘ ‘ There has been some progress toward weeding out irresponsible companies. Occasionally com- panies are organized entirely in the interest of the officers. They make the expenses what they please and they are by no means small. Minnesota limits the total expenses to one per cent of the total risks. Nebraska requires a bond of $50,000 to the state. In the one case there is no chance for the grafters to steal, in the other they cannot give the bond. But in most states they can organize companies, pay themselves in full and pro rate the losses. This state of affairs needs remedying. In Kansas a law has been passed limiting the expenses of running the company to fifty per cent of the income. This is too large. The Minnesota one per cent of the risk is much better. “Local conditions must govern in many re- spects, such as rates, time and manner of levying assessments, policies, etc., whether or not notes shall be used, etc. But there appears to be a steady drift towards long terms, greater cash payments and reas- onable reserves. OF MUTUAL INSURANCE 395 “Of all the hail companies which have been started in the United States only about forty-three are reported as in business to-day. Some retired of their own accord, some were closed up by the state authorities. Of the total number there are but few which have not at some time been obliged to pro rate a loss. The companies now in existence are working toward a better basis. They will probably all survive. The committee adds the criticism of some old officers of Hail Mutuals. One says : HOW TO WRITE BUSINESS. “I believe that the business should be written on a level rate and the rate could be arrived at from past experience in the different states showing the amount that has been necessary to collect each year to pay losses in full. Of course, even then the loss might be so heavy all over the territory that the com- pany could not then pay in full, but it is more than likely with a level rate and creating a reserve fund that after the fund was established all companies would be making payment in full. I do not believe that the reserve fund can be too large as it is more than likely that within a five-year period at least, losses would be heavy enough so it would require part of the reserve fund to make payment for losses for some year during that period. Of course, if the reserve fund should get larger than a full year’s premium on all the business in force by any com- pany, and the board of directors felt it was getting 396 A HAND BOOK larger than necessary, a credit could he given on the next year’s insurance on all policies remaining in force with the company. That would he an incentive for policy holders to retain their insurance with the company and would of course, have a tendency to strengthen the company in that way. I believe that business should be written for as long a period as possible in order to keep the expense at a minimum. 4 ‘ Hail companies should not try to pay the same percentage for commission to their agents that the fire companies pay because the difference in the risks is so much greater. “By writing the business on a five-year period or a continuous policy, all expense of getting busi- ness can be saved after the first year’s insurance is written. I find that the greatest reason why policy holders have been cancelling their insurance after the first year has been on account of the assessment plan, for the reason that agents in soliciting the in- surance naturally tell the prospective applicant that the assessment will be very low and that it will not cost him very much to carry the insurance. When assessment is made at the end of the season, after the applicant has not had a loss and he finds that the assessment is much greater than the agent led him to believe it would be, the applicant gets sore. For this reason a great many of them who are able to pay and would pay if the amount asked for was what they expected it to be, refuse to pay and then if collection is enforced they have their policies cancelled. A good way to avoid this dissatisfaction and loss in OF MUTUAL INSURANCE 397 membership is to have the time of payment set at that time of the year when losses are most likely to occur and they feel the need of insurance, and have the rate a trifle lower than the rate would be if pay- ment were made in the fall. Have the policy show exactly what they are to pay either at that time or for the fall payment. I find that on this plan our company has a very small per centage of cancella- tions and a much smaller per centage of loss in col- lections than formerly under the assessment plan. VALUATION OF CROPS. 1 ‘ In the fourth paragraph we note what you say about the valuation of crop insured at the time of adjustment. I believe that market prices of pro- ducts should not be considered at any time. The in- surance should be written at a certain rate per acre and as the insured pays on that rate, adjustment should be made on that basis. Of course, provision should be made in the by-laws that not more than the actual amount of loss sustained should be paid at any time so in case of a poor crop being hailed out, the insured would not get more than the value of the crop. ,, ANOTHER OPINION. Another of wide experience says : ‘ ‘ In consideration of plans and methods of writ- ing hail insurance, there is no general rule that ap- plies to fire and wind storms that is applicable to hail insurance. There is no similarity of conditions 898 A HAND BOOK as regards hazards or liability. While there is no moral hazard in writing hail insurance, yet there is a moral hazard in the adjustment of losses, or in the determining of the valuation of said crops, and I might add that there is a physical hazard with a purely assessment company where assessments are to he made after the loss has occurred. “The moral hazard as applied to buildings in fire insurance consists in part in the condition of the building and the overrating of the value thereof, while the moral hazard in the adjustment of hail losses consists in the over-estimating of the average value of the crops and as to conditions as to how the farming has been done, etc. This will be readily understood by those who have been adjusters in hail companies. ‘ ‘ The physical hazard might be determined to be the delinquent assessments which are always greater when the assessment is high, and this also is regulat- ed by other conditions such as sale of farms and re- moving from one farm to another or from the state in which the assured has lived. “There is another serious condition following this same class of insurance, altogether unavoidable but at the same time either increasing or decreasing the liability of the company. I refer to the valuation of the crops insured at the time of adjustment of losses, which varies according to the markets and the prices of such products. Not so with buildings, there can be no increase in valuation from the face of the policy, but often a decrease, which lessens OF MUTUAL INSURANCE 399 instead of increases the liability of the company in case of loss. “Our experience so far leads us to the conclus- ion that this class of insurance is the most hazardous and intricate in its management, and, consequently, some methods should he adopted to eliminate at least the large delinquency attending the management of the business under the almost universal system as adopted and used by a majority of our hail com- panies. “We further conclude that the popularity of hail insurance, notwithstanding the seeming neces- sity for such protection, will have to demonstrate by plans and methods which have not yet been intro- duced in a general way. AN UNFAIR METHOD. ‘ 4 The prevailing idea now seems to be a limited assessment. This is unfair, and in many respects altogether unsatisfactory, especially to those having losses in case of excessive storms, and with an un- limited assessment with severe storms making a higher assessment. This is also unsatisfactory to those having no losses, so there is at the present time, as we see it, no absolute relief from these contin- gencies over which we can have no control and upon which there has not been a general understanding. And as before stated, we believe in order to bring about the correct conclusions of the most satisfactory character, that an average basis rate payable in ad- vance is the only correct theory upon which this knotty problem may or will be solved.’ ’ CHAPTER XX. WINDSTORMS, CYCLONES, ELEC- TRICITY. Wind or air in motion takes different names, ac- cording to the speed with which it moves. The hur- ricane and the gale which occur on the sea-coast and on the ocean are similar to the cyclone and the wind- storm of the west. Both are strong enough to dam- age property. The windstorm acts by direct pres- sure and breaks off or overturns whatever is in its way. The cyclone moves in a circle in a direction opposite to the hands of a clock. It is a whirlwind, and the whole storm advances eastwardly sometimes at a speed as great as thirty miles an hour. The cause of these storms is said to be the heat- ing of the air in one area more than in another. The air in the heated area rises, cold air follows in to take its place, that is wind. Sometimes a stratum of cold air which is heavy, is forced over a stratum of light- er heated air. The latter forces its way up through the colder layer and then there is a whirl as there is when water runs through a hole in the bottom of a tank. The force exhibited in some of these storms is terrific, and there has been much speculation as to its origin. When the difference in barometrical pres- sure is taken into account there will be no need of 400 — OF MUTUAL INSURANCE 401 calling in any other element. If there is a difference of barometrical height of one half inch between two areas each a hundred miles square, the total force developed will be many millions of tons, enough to account for the effects of any windstorm. The force of a cyclone can also be accounted for but no one understands how that force acts. A cyclone will destroy a well built house and leave a frail structure unharmed, it will demolish the walls of a house but leave undisturbed a kitchen table with a lamp stand- ing on it, it will blow over strong trees but leave a pile of shingles between them. Thus far, no one has offered a satisfactory theory concerning these mat- ters. Electric forces usually act very powerfully dur- ing cyclones, and occasionally when a gale is blow- ing. As electricity of the same kind is strongly self repellant, there will be two forces, the one attacking objects from the outside, pushing over buildings, breaking off trees, etc., the other a repellant force from the inside, tending to split and rend. The in- terplay of these two forces produces results which are destructive and against which there seems to be no defense. The damages done by gales or heavy winds are usually wide-spread but slight in each case. On the contrary, the cyclone follows a narrow path, and not unfrequently utterly destroys whatever it strikes. As one man who had lost a house and barn expressed it, there was not a board left which he could identify. 26 402 A HAND BOOK In all such cases the adjustment is simple, the loss is total, and the loser is always innocent so far as the destruction is concerned. When the damages are caused by a strong gale, they are generally not heavy. Glass is broken, chim- neys blown off, siding torn loose and perhaps the building is pushed off from the foundation. All these damages are easily repaired, and the best way to settle the loss, will be for the company to make the repairs itself. Old shanties and dilapidated buildings should not be insured. They are very liable to loss, and their owners are not easy men to settle with. What is electricity? No one knows. So far all the answers given only raise other questions, and no advance is made. For nearly two thousand five hun- dred years, the manifestations of this mysterious agent were studied with a total of results which could be recorded in less than ten pages of this Manual. Finally, Benjamin Franklin, by means of his famous kite experiment, demonstrated the fact that the elec- tricity of the clouds, and static electricity as pro- duced by the frictional machine then in use were identical. Stimulated by that discovery, the scient- ists began the study of the phenomena of thunder storms and soon arrived at a practical knowledge of great value. Electricity exists as positive and negative. With- out discussing the theories on the subject, it may be said that when these two forms or conditions are in equilibrium, no electrical action is apparent, but OF MUTUAL INSURANCE 403 when either predominates, there will be a tendency to restore the lost balance. It is well known that electricity will be conveyed by some substances much more freely than by others, and also that it always takes the path of least resist- ance. When passing over a good conductor of suf- ficient size, the current travels quietly, but if the con- ductor is too small or is not a good one, heat is gener- ated, and if the conductor is a very poor one, such as air, it jumps or discharges, and its path is marked by a flash of light usually called the electric spark. And lightning is only an enormous spark from cloud to cloud, or between the earth and a cloud. Attraction exists between positive and negative electricity, but each is self repellant. Gases charged with electricity expand, solid bodies are sometimes torn into fragments. Induction is the action of electric fluids upon each other in adjacent but separated bodies. Objects electrified alike repel each other and the electricity of the one influences the electricity of the other, and with objects electrified differently, the conditions are reversed. This induction takes place between the electricity of the earth and of the atmosphere, the former generally being negative and the latter posi- tive. HOW THE THUNDER CLOUDS ACT. On a clear warm day, with an atmosphere con- taining a large amount of water, the air near the ground becomes heated, and consequently lighter than that immediately above it, and, as a matter of 404 A HAND BOOK course, it rises, carrying with it the positive electric- ity, which it contains, till it meets and mingles with a stratum of air cool enough to condense the moisture which it contains. A cloud now forms, the cumulus or thunder head, as it is usually called, and this cloud is separated from the earth and is positively electrified. As the process goes on, the warm air rising and giving up to the cloud its positive elec- tricity, at the moment of condensation, there is an accumulation of vapor and of electrical force. The lower portion of the cloud remains positive, owing to the action of the earth, while the upper surface tends to become negative. Discharges take place between the two and finally from the cloud to the earth and occasionally from the earth to the cloud. The repelling force of the electricity causes the cloud to spread out, the rain falls from the center carrying a downward rush of air while the warm air at the edges of the storm still continues to rise and supply electricity and vapor. Thus the cloud drifts along continually renewing itself, and also discharg- ing its accumulated electricity as well as the rain up- on the earth. The course of the lightning is visible in the flash. It zigzags through the air and generally strikes the best conductor near by. In case there is a good con- ductor beneath the surface of the ground, water, moist earth, metal etc., the lightning will be apt to strike there. If a highly electrified cloud reaches over any point, any object on this point will become abnormally negative and in case of a discharge from OF MUTUAL INSURANCE 405 the other end of the cloud, the shock from the re- storation of the equilibrium will he strong enough to produce fatal results upon persons or animals standing there. TO AVOID DANGER. To avoid danger from lightning some means must be found to conduct the discharge away, in oth- er words, to provide a conductor which is better than the object to be protected. Such conductors are usu- ally called lightning rods. These are usually made of iron or copper, the former is the cheaper, but cop- per is by far the better. If made of iron, the rod should not be less than three-fourths of an inch in diameter and an inch would be better. It should be welded into one solid piece and should be pointed at the top and kept sharp. Copper is much better, a half inch copper rod being preferable to the iron rod described above. But it must not be too small, as a heavy discharge might melt it and set the struc- ture on fire besides leaving the building unprotected. Platinum points are best, only one on each rod should be used. In putting up the rods they should be firmly fastened to the building, and connections should be made with tin roofs, valleys, water pipes or other masses of metal about the building. The rod should, if possible, be near the chimney which is most in use. The lower end of the rod should run away from the house and into moist earth. Some- times it may terminate in a well but never in a cist- ern. This is a matter which should be carefully 406 A HAND BOOK looked after, as a rod which does not lead to a good conductor below the surface is worse than none. It may be necessary to dig trenches or holes to be filled up with some conducting material in which to bury the lower end of the rod. If so they should be forty or fifty feet from the building. No sharp angles should be allowed. Lightning will not turn short corners. If the building is large, several rods should be used. It is stated that a rod will protect a circle whose radius is twice its height, but in case of many buildings, especially those with several chimneys, it will be safer to use more than this rule requires. As to the form of the rod, a round one is as good as any. Excellent copper rods are now made as sin- gle rods or in strands like a cable. Properly put up, these should furnish absolute security. Much attention should be paid to the point. It should be examined after every heavy shower and re- placed if damaged. The reason for this is that elec- tricity will run to or from a point when it will not to a surface, and the points should be kept in good or- der. When a positive cloud passes over a strongly negatively electrified rod the fluid passes off from the rod without a flash if the rod is large enough to take it all. This is occasionally accompanied with a hissing sound which can be heard at a distance of several yards. In all such cases the spark is either prevented or greatly reduced in force and no damage results. OF MUTUAL INSURANCE 407 TELEGRAPH AND TELEPHONE WIRES. Telephone and telegraph wires entering a build- ing should be made safe. Lightning arresters can be had which will answer every purpose. A ground wire on a post on each side of the house is advisable. It should be sharp at the top and project a few inches above the post and be well imbedded in the ground at the bottom. Fence wires should be grounded every five or six rods. Let the wire project an inch or two above the top of the post and be twisted around each of the fence wires so that a good contact is secured and then run into the ground three or four feet and there will be little damage from lightning. To use language which is extremely unscientific, but which conveys the desired idea, electricity, as artificially produced, is used to transmit light, heat, sound and power. In doing this, electricity is conveyed over wires or through the air. With wireless telegraph insur- ance men are not yet largely concerned. Telephones, telegraph and power wires are very common, and there are several dangers. They may be struck by lightning, one wire may fall across another, the in- sulation may wear out, or some one of many other things may happen and a fire ensue. INSULATION. Insulation must be complete. Out of door wires running from one pole to another are frequently bare. Such wires may break loose, one may fall 408 A HAND BOOK across another, a pole may break off and tangle up a large number of wires. If these wires, or any one of them, carry powerful currents, there will be dam- ages unless such accidents have been carefully guard- ed against. Covered or insulated wires are used in buildings and in the streets of many towns and cities. The covering of these wires should consist of two parts, an insulating layer next the wire and a cover- ing of hard material which will endure wear. Such wires should be put up so that they will not come in contact with anything which will rub against them, for example, the swaying limbs of trees. When they run into buildings they should be carried through the walls in insulating tubes of some waterproof material. Glass or porcelain is best, rubber is not accepted by many companies. The reason for these requirements is that in case of insulation becoming broken a new circuit is formed which is generally imperfect and at the point where the imperfection exists heat is developed. Two insulated or coated wires cross each other, they touch occasionally, final- ly a small hole is worn in the covering of each, they come in contact, a blaze ensues at once, and also a fire, if there is anything combustible at hand. The most common cause of trouble is water which is a good conductor. It soaks through coverings, destroy- ing the insulation. If the tubes through which wires enter a building are not properly put in, they may become filled with water. They should slope upward from the outside. Wires near windows should be so placed that moisture condensing cannot reach them. OF MUTUAL INSURANCE 409 When speaking tubes are used, a thick insulation should be placed between them and the electric wires. A wire should not he allowed to carry more electric- ity than its normal load. Provision should be made for the discharge of any accidental overload. The danger from contact with highly charged wires has been considered, as has the risk from lightning. There is another source of danger. When one wire carries electricity to several different ma- chines, if one after another is shut off without a cor- responding reduction of the force generated, the ac- cumulation might be so great as to cause a fire. There are automatic contrivances for avoiding all these dangers and they are excellent if they only work. But just to put them in and leave them will not do. They must be inspected occasionally to make sure they are working. No rules can be given which will last forever. New uses for electricity are discovered almost daily. But if care is exercised in putting in only approved constructions and common sense is used in inspecting them, and keeping them in order, the risks will be very small. But inexperienced persons should have electrical work inspected by some competent person before accepting it. CHAPTER XXL INSURANCE FUNDS. All insurance companies must have resources of some kind with which to pay their losses, and there are sharp discussions regarding the character and management of these resources. One side says that the true method is to collect for each fire policy in advance and on each life policy annually at the be- ginning of the policy year. But the safety of the in- sured requires that these payments should he held by the company till they are earned. Premiums do not become the property of the company the day they are paid in, but slowly as time passes by. Under these conditions there will he a large fund on hand in nearly every company. What is to be done with it! To let it lie idle would be both dangerous and wasteful. It must be invested, but in what? Stocks and bonds are usually selected. Real estate mort- gages are taken by some companies. Government bonds are safe and so are most state bonds, but the amounts of such securities available are only a drop in the bucket compared with the sum needed and the companies invest in stocks and bonds. The concen- tration of such a mass of wealth in the hands of a few men united by the ties of a common interest, is dan- gerous. It is in the power of the Life Insurance 410 — OF MUTUAL INSURANCE 411 Companies of the United States to manipulate the stock market at their pleasure. The dangers pictured are not imaginary they are real as is shown by the recent developments. There is another possibility, that sometime one of these great companies may not meet its obligations, may fail. The result would be a panic which few of the bonds and stocks would survive. Not that they are absolutely worthless, but their dividend power would be gone for many years, and the unfortunate patrons of the company which owned them would, in case of death, or loss, receive but a small percent- age of their claim. THE MUTUAL SYSTEM DIFFERENT. On the other hand, the assessment system of the Mutuals, contemplates no such accumulation of money. The assessment life companies, on their feet at last, carry no funds. The A. 0. U. W. the largest of all, paid out last year in benefits and death losses over ten millions of dollars and yet it carries scarcely any funds on hand. Its assessments are promptly paid and are only made as occasion re- quires. Joint stock companies paying that amount of losses have any where from fifty to a hundred millions of assets, most of it invested in stocks and bonds. The fact is that the enormous amounts of money to be invested by the insurance companies are a constant temptation to schemers. And where an insurance company invests a million or two in a trust company and loans it as much more, it looks as if some one was on the eve of yielding to that temptation. 412 A HAND BOOK • In the cash Mutual as it is called, the premiums are collected in money and a dividend is made, re- turning from time to time to the policy holder the surplus which he has paid above the cost of carrying his risk. In both fire and life this plan cuts down very largely the great accumulations alluded to. But in both lines it is necessary to carry on hand the un- earned premiums and a small reserve. The other class of Mutuals, the assessment or- ganizations, carry no large accumulations. In the life companies they carry nothing except a few dol- lars working balance, in the fire line, there are some policy holders who, for the sake of convenience, de- posit with the company the full amount of the prem- ium. Most companies assess once a year. Of course a portion of this fund must be on hand in all those which assess in advance, and adding to this a modest reserve the whole sum would be far below the accu- mulations of the joint stock companies. Then there is another consideration, all the Mutuals look to a limit of their reserve, a time when it shall reach a maximum, while the other companies expect to go on increasing indefinitely. It is no wonder that one State Superintendent has proposed that all life insurance companies be compelled to transform themselves into Mutuals. Were the Mutual system as generally adopted as it should be, more than two billions of dollars would be returned to policy holders of the country. This vast sum is now invested in stocks and bonds, OF MUTUAL INSURANCE 413 that is, it is practically loaned to the corporations and between these and the joint stock insurance com- panies there is, of course, the closest sympathy. MUTUAL SAVINGS TO POLICY HOLDERS IMMENSE. The savings of the Mutual fire insurance com- panies to their members are not on so grand a scale, yet State Superintendents and others talk about mil- lions to-day and the sum is ever increasing. There is still another consideration. The re- serves of the Mutuals belong to the members and the interest helps to pay expenses, while accumulations of the joint stock companies belong to the stock hold- ers and the interest goes to swell the dividends. The reserves of the Mutuals, though small, yet have their place. They are generally loaned at low interest and on long time, on good farm mortgages. They add to the sum of loanable money, and thus have a tendency to lower interest rates. These re- serves are never large enough to be considered in legislation. On the other hand the great army of policy holders in the old line institutions are interest- ed in stocks and bonds, the value of their policies depending on them to a great extent. And that is one of the reasons why it is so difficult to regulate the large corporations. There are too many men interested in having things as they are. A TRUSTWORTHY AUTHORITY. In an interview with Paul Morton published in the Chicago Record-Herald November 1, 1905, he is quoted as follows : 414 A HAND BOOK Asked how he liked the insurance business, Mr. Morton declared that it was fine, because it included so much railroad business. “I am still in the railroad business,’ ’ he said, laughing. “You see the Equitable has $175,000,000 worth of railroad securities. We hold $8,000,000 worth of Santa Fe securities, are interested heavily in the Northwestern, own securities of the Union Pacific and of several others of the big railway sys- tems. Handling these securities keeps my hand in the railroad business. ’ 9 This is quoted not to reflect on Mr. Morton, but to give authority for our figures. CHAPTER XXII NEW ENGLAND FACTORY MUTUALS. (For the data from which this chapter is written, the com- mittee are indebted to the Hon. Edward Atkinson, president of the Boston Manufacturers Mutual Fire Insurance Company. He has been in the service of that Company since 1865. His pamphlet, “The Prevention of Loss by Fire,” and the report of the company for 1904 are not exceeded in value by any other insurance document. It would be a good investment for the Mutual fire insurance companies of this country to put a copy of that pamphlet into the hands of every official and every policy holder in the United States.) The system of factory Mutual insurance was established by Zachariah Allen, of Providence, Rhode Island, when he and his associates organized the Providence Manufacturers Mutual Fire Insurance Company. This system is unique. It is the only known instance of coupling the prime motive of prevention of loss by fire with payment of indemnity in money for such losses as cannot be avoided. This is ideal mutualism, not only to share one another’s burdens but also to unite all efforts to make both the burden and the contribution as light as possible. While other Mutuals are following along the same line, they are still afar off. The indemnity feature is still in the foreground, while the saving of fire waste is merely an incidental. A GENERAL RULE. / In this pamphlet, Mr. Atkinson develops the following rule : “After the insurance company has done its duty by careful selection of risks and thorough inspection, all that it can do is to pay indemnity for loss which, if large, is in nine cases out of —415 416 54 HAND BOOK ten due either to the lack of apparatus for preventing such loss, or to lack of care and order in the conduct of the work. The only persons who can prevent loss by fire are the owners ox- occupants of the insured premises. Upon them rests the re- sponsibility for heavy loss, if any occurs, in nearly every fire.” It has always been the practice of the Mutual companies to instruct occupants and owners upon their duties to their own property and to keep them up to the mark by constant super- vision and by refusing contracts of indemnity to those who neglect their own duty. To demonstrate, the identity of interest between the underwriter and the owner was not always an easy task. The Mutuals were successful from the start. They fur- nished indemnity during the first decade, 1850-1859, at 34.42 cents per $100 of risk. During the next decade, 1860-1869, the cost per $100 was reduced to 30.92 cents; fi-om 1870-1879 the cost was 26 cents. In 1878 Mr. Atkinson was elected president and devoted his whole time to the perfection of the plan upon which the Mutuals wei’e organized. Before 1878 no regular meetings of the directors had been held. Inspections had been made by the presidents or secre- taries about once a year, usually a few weeks before the expira- tion of the policy. Modern safeguards had not been investi- gated. There were no experience tables, no classifications of risks, and no real comprehension of the relative hazard on dif- ferent risks; everything depended upon the extraordinary mem- ories of Messrs. Manton and Whiting. It had become evident to Mr. Atkinson and other directors that a very complete change must be made in the conduct of the whole system, and that new safeguards must be found in order to meet the increasing hazard of lai-ger floor areas, mills of many stoi-ies in height, higher speed, new dye stuffs, and to anticipate the new hazard of mineral oil, then being gradually introduced as a lubricant, of electricity, etc., etc. In 1878, the president began the elimination of poor risks, and in the ensuing two years a large amount was cancelled. Its EDWARD ATKINSON. Mr. Atkinson was a noted economist who always wrote and acted from a philanthropic standpoint. He was a leader among the Mutual Insurance men of New England, and his advice and opinions were often called for from other sections. His death removes a man to whom the whole country is greatly indebted. J. SOMERS SMITH, JR., PHILADELPHIA. Mr. Smith is secretary of the Philadelphia Contributionship for the insurance of houses from loss by fire. He has been sec- retary and treasurer for the past twelve years, was a clerk in the office for seven years preceeding. He succeeded his father who was secretary and treasurer for thirty-five years or from 1859, and who succeeded his father, grandfather, who served seventeen years or from 1842. One clerk is serving his thirty-ninth year. Mr. Thomas E. Moorhead, assistant secretary for several years, was with this company fifty years, and Caleb Carnalt forty-two years. OF MUTUAL INSURANCE 417 place was soon supplied by safer hazards. Measures were taken to establish a quarterly inspection. In 1880, the science of preventing loss by fire was fairly entered on. Mr. Atkinson had become convinced that unless the hazard of larger and larger factories, higher speed, etc. could be met, the Mutual system would break down. He in- sisted that automatic sprinklers be made a condition. It took years to enforce it. As an illustration of the pertinacity with which the improvement was resisted, Mr. Atkinson says that a “possibly useful and somewhat personal suggestion was made to myself by a member who had become a little irritated through my persistent nagging for sprinkler protection. He remarked that ‘when I passed on to some other life I had better take a sprinkler with me for my own protection . 1 11 REDUCING FIRE WASTE. In 1879 a careful compilation was begun by which the com- bined experience of all the companies could be registered from year to year. This afforded much valuable information. The whole energy of the companies was turned in the direction of reducing fire waste and with such success that the cost of insur- ance per $100 at risk during the decade 1880-1889 fell to 22.62 cents. The work continued, new method of protection was intro- duced, roof hydrants were constructed, new buildings carefully inspected and dangers guarded against. As all mills are pro- vided with power which can be used in case of fire, close proxi- mity, instead of increasing the risk, really diminished it, owing to the assistance which mills could render each other by furnish- ing a deluge of water in case of fire. If these plans were adopt- ed in other lines the conflagration hazard in large cities could be well nigh eliminated. The records of fires had been tabulated and the causes were examined. Among the first disclosures was the large number of fires and the large amount of losses from broken lanterns. This 26 418 A HAND BOOK led to an examination and not a single safe lantern was found in mill use. A new manufacturing firm was called on and a new, safe and cheap lantern invented, but it took five years to per- fect it. Spontaneous combustion had caused serious losses. Mineral oils were substituted for animal oils or mixed with them and the loss from this cause was much reduced. At this time several fires occured in roofs which were so constructed that there was a hollow place at the eaves. At length a partly burned roof revealed the secret. The rats had carried oily waste to the vacant space to build their nests and spontaneous combustion had ensued. The style of roof was changed, the eaves were left open and fires from that cause ceased. Hot bearings made trouble. The oils were examined and found unsatisfactory, with one exception. The dangerous oils were condemned. This led to the threat of suit for damages from the manufacturers but there was no backing down. The manufacturers changed their methods of distillation, better and cheaper oils were made and fire loss from that source was greatly reduced, as well as the expense of running the machin- ery. Varnished surfaces, fire proof paints etc. received attention and with good results. A GOOD STORY. Sawdust, greasy rags, etc. were condemned as extremely hazardous. Mr. Atkinson tells the following good story upon himself. “I have myself been subject to one alarm from fire in a shed attached to my own house. The watchman on the street five hundred feet away smelled smoke, passed over two or three estates of my neighbors and finally traced the smoke to a barrel containing rubbish in the shed of my own house. It was but a short distance to the fire alarm, which he sounded, bringing the chemical fire engine. I was awakened by the noise of the firemen OF MUTUAL INSURANCE 419 putting out the fire, which in the interval had suddenly burst out with considerable virulence in the shed in which my tank of kerosene oil was kept. The origin of the fire was traced to a greasy ham bag in the bottom of a barrel, over which a lot' of excelsior and other rubbish which had been used as a packing in the barrel had been thrown back. Great care had been taken by myself in regard to the ash barrels and receptacle for rub- bish. All in the cellar were of metal, but, in this exceptional case, the barrel from which goods had been unpacked had been temporarily put in the shed, with this greasy ham rag at the bottom. Carrying a policy of insurance on my library in order to make me a member of the company of which I am president, I was obliged to report this fire in the monthly report, to which I added that “this member had been warned by the president that if he permitted combustible material to be put away in wooden barrels, his policy would be immediately caneelled. ,, And so the work went on. Every fire was thoroughly in- vestigated and all materials examined. Experts were employed in all lines and the expense to the insured is steadily decreasing. The cost per $100 at risk from 1890 to 1899 was 15.64 cents and for the five years following only 7.85 cents. The companies now own a laboratory in which all new inven- tions are tested and their merits reported. The great value of the service of this laboratory in preventing large conflagrations can hardly be estimated. That danger still exists in many cities and when a conflagration does come there is danger that it will bankrupt companies which have large lines in such cities. The only method of preventing such destructive fires is to proceed along the lines already followed by these companies. The pamphlet utters some timely warning concerning the condition of public buildings. School houses, hospitals, theaters, etc. are often veritable fire traps. The United States burns 11.36 churches per week, which induces Mr. Atkinson to say that by combination for Mutual insurance the church members might be assured against cremation in this world if not in the next. These companies have what they call “Missionary Litera- ture, ” consisting of plans for constructing buildings, lists of 420 A HAND BOOK approved fire apparatus, etc. This embodies the result of care- ful and long continued observation as well as of actual experi- ment and test. It has proved of great service. It is hoped that this brief review of a most valuable pamph- let will set Mutual insurance men to thinking and to renewed efforts toward reducing the fearful fire waste of the country. ADDRESS AT ATLANTA. The following is a paper by Mr. Atkinson, printed in the proceedings of the Tenth Annual Convention of the National Association of Manufacturers, at Atlanta, Georgia, in May, 1905. It shows what can be done in reducing fire waste, and if so much can be accomplished in the factory lines, where risks have been considered excessive, what may be expected in other lines if proper efforts are put forth. The paper follows: “I have been honored by your executive committee with the request that I would attend your convention and give you an address on methods of reducing the cost of fire insurance. I regret that advancing age makes it indiscreet for me to under- take long journeys by rail, and I am therefore obliged to com- municate with you through your secretary, and will submit to you the conclusions to which I have been led in the course of forty years ’ practice, first as director, and for twenty-six years as the administrator of the largest of the Factory Mutual Fire Insurance Companies of New England. “My conclusions may be justified by the fact that during the twelve months ending April 30, the company of which I am president has insured factories and workshops against loss by fire and loss from the breakage or leakage of sprinklers to the value of two hundred and six million dollars, with a total loss by fire and water in twelve months of less than thirty-four thousand dollars paid on more than three hundred and forty claims for single losses. That is the rate of one cent and sixty- five hundredths upon each hundred dollars insured twelve months, of which during the last extremely cold and fluctuating winter the losses by the leakage of sprinklers account sub- OF MUTUAL INSURANCE 421 stantially for forty hundredths of a cent, leaving the loss by fire one cent and a quarter per hundred dollars of property insured. “The companies associated with ours, not in administra- tion but in the executive work of inspection, making plans, laying out pump, hydrant and sprinkler service, and other simi- lar services rendered to our members, have with this company carried for the twelve months past insurance on property to the value of about fourteen hundred million dollars with almost identical and corresponding results, varying but a trifle from our own, on some cases even a little better. “This insured property, in my own and in the most con- servative of the older companies, consists of certain classes of textile factories, paper mills, machine shops with some wood working, metal working, dye works, printeries and bleacheries, and a small miscellaneous class in which the fire hazard is of like kind to that with which we have become familiar in deal- ing with our principal classes. There are many risks of as good quality in other classes, but we do not expand for the reason that our members are not seeking profit. They appoint the offic- ers as their agents to save them from loss, and as the amount and diversity of the work is about all that the executive officers and inspectors can suitably cover and control, we refuse all out- side hazards that are not of an analogous kind, no matter how safe they may have been or might be made. We have nothing to sell. Our expenses are very small, less than four cents on a hundred dollars insured, and fully half of that is expended in the service of engineers and experts, making inspections, lay- outs and plans, and in executing plans which are of the greatest service to our members, irrespective of the contract of insur- ance. “It is a great satisfaction to add as a matter of personal experience that while in the period antecedent to my becoming the administrator and executive officer of the company, there had been many lives lost in calamitous fires, in the twenty-six years of my own administration not one single life has been lost by fire in any risk that has come under my supervision. 422 A HAND BOOK A LOW COST. “The losses by fire in the senior Mutual companies for the past ten years have averaged less than six cents a year per hundred dollars, or less than sixty cents for the whole period of ten years. Their expenses are less than four cents a year. Now, when it is remarked that the losses outside our range are sixty cents a year and expenses, which cannot be readily diminished, are nearly forty cents a year, it is not to be wondered at that many of your members are eager to secure the benefit of this very low cost. “How, then can you do it? There is but one way. The owner, builder and occupant of property are the only persons that can prevent loss by fire on their premises. All that the factory Mutual underwriters can do is to give owners and agents information and instruction how to prevent loss, and all that the Mutual companies or the stock companies can do in case of loss is to pay a certain sum of money for indemnity so far as money may compensate for the loss. The executive officers of the factory Mutual companies have only been primary school masters, teaching the alphabet of construction, protection and prevention. Had not the pupils been apt and ready to com- prehend their own interest in the matter, the work of the saving which I have disclosed to you could never have been accom- plished. It, therefore, rests with you, the members of this asso- ciation, to reduce the cost of insurance on your property, and you only can do it. “If you undertake to organize a Mutual, even in risks that are qualified to become Mutual risks, merely for the purpose of getting the lower rate of premium, you will utterly fail. There is no virtue in the name of Mutual. All underwriting is Mutual. You contribute a premium to the funds of a stock insurance company and your losses and expenses are paid out of your own premiums. The capital is nothing but a guarantee, if the capital is impaired by losses and expenses, it must either be made up by the stock holders or the company will be enjoined and put into bankruptcy. And precisely, the same way, the sum depos- OF MUTUAL INSURANCE 423 ited with the Mutual companies under the name of premium is the only source from which losses and expenses are paid. “What, then, is the first condition precedent to reducing the premiums on fire insurance which are not yet high enough? It is this: Let every man answer to himself, ‘Is my building constructed as safely as I would construct it were I to insure it myself? Is it protected with apparatus such as I would put in if I were insuring it myself? Is it kept as clean, as free of hazard in occupancy? Is it watched and inspected as it would be by any one of common sense who insured himself V “Now, unless each one of you representing a large factory or workshop, can answer these questions ‘Yes’, you are not yet qualified to become members of a safe Mutual company. That is a very extreme statement of a fact subject to very slight variation. There are mills and workshops on which the con- struction is not quite up to the standard, but in safe guards and in occupancy these risks are up to the present standard. More- over, a risk slightly defective in construction, owned and oper- ated by a man whose whole fortune is in it, who lives near it or in it, and is about it all the time, is in some measure a better risk than a large factory building belonging to a distant cor- poration supervised by an agent who has not that personal interest in it to compel him to exercise the utmost care. DO NOT EXPECT PROFIT. “I, therefore, counsel you not to expect gain, and I counsel you to go slowly in any effort to organize Mutual insurance companies to cover works that are not now qualified to be in- sured in the junior Mutuals which are extending their services over risks that the seniors would not take, and I caution you against any effort to establish a Mutual system over risks that are in the congested districts of cities or that are in any con- siderable measure subject to what is known as the conflagration hazard. “Yet, there is an immense field open to you all, by occupy- ing which you may greatly reduce the cost of your insurance 424 A HAND BOOK and induce the underwriters to grant you lower charges of prem- iums in recognition of your own duty fulfilled to your own property. “ Without any effort to make exact analyses of the losses by fire in the United States, which now average one hundred and fifty million dollars a year, with an occasional increase from a conflagration, I am satisfied that more than half this loss occurs in large establishments, either for the manufacture or sale of products, in which losses range from fifty thousand to a million dollars each. I think that less than half the cost of the annual ash heap occurs in the much greater number of small claims. That fact brings the responsibility for this loss more upon the members of this association than upon any other single body of men in the United States. “Now, when you add to the average loss of one hundred and fifty million dollars, the cost of sustaining insurance com- panies, the excessive cost of water supplies due to the unfit con- struction and protection of city buildings, and the excessive cost of fire departments due to the same causes, you reach a sum, the cost of fire to the people of this country, annually, of two hundred and fifty to three hundred million dollars, which is equal to ten per cent to fifteen per cent of the annual profit or saving of the nation that is possible in any normal year. In other words, if the annual product of this country is two hun- dred and twenty-five dollars per head of the population, at which I compute it, reaching the sum of a fraction under nineteen thousand million dollars, or what is commonly called nineteen billions, a larger estimate of the value of our annual product than has ever been put forward by any other economist or sta- tistician, we may set aside, as the profit or increase of capital ten per cent of this sum, or nine hundred million dollars a year saved for the addition to or maintainance of the capital of the nation, ninety per cent being consumed in the process of pro- duction. In that event the ash heap and the other expenses or cost of fires comes to fifteen per cent of the normal profit of the whole nation, and a very large part of that occurs in risks for which the members of this association are responsible. OF MUTUAL INSURANCE 425 WHAT WILL YOU DO? “What are you going to do about it? Limit yourselves to charging the managers of the stock fire insurance companies with extortion, when for the past ten years or more there has been no profit in fire insurance ? On the contrary, a heavy loss, made up only by the banking department of these companies. All the dividends that they have made and their whole existence have depended on the income from the investment of their capi- tal, their surplus and their annual premiums. In this way they have been enabled to continue to insure your risks and others at a loss. “Again, I ask you will you limit yourselves to denouncing the managers of insurance companies, without knowledge of the facts, or with only a limited knowledge of the limited part of each of your own occupations; or will you endeavor to re- duce the cost of insurance by attending to your own duties, to your own property, and by removing the outrageous causes of loss which you tolerate because you have been trusting to a policy of insurance for your protection and neglecting in a vast number of cases to protect yourselves? * 1 1 know there are conspicuous exceptions even among those who are not yet insured under Mutual principle and subject to the inspections of the Mutual underwriters. I know that here and there is a large establishment which is as thoroughly guard- ed and as well inspected as any factory Mutual risk; but how many such are there? Do they number one in a hundred in proportion to the risks that are written in the factory Mutuals? I think not. I should be very glad to have it proved that I am in error. “What then would you do about it, if I told you that it is not yet safe for you to attempt to organize a general Mutual system for the general protection of your factories and work- shops? You can do the one thing that lies at the foundation of the Mutual system : Establish a well-organized and complete system of monthly or quarterly inspections, to be made by trained inspectors, reporting to yourselves in order that you 426 A HAND BOOK may immediately remove the causes of hazard which you now tolerate simply from ignorance; and then supplement that in- spection by experts by establishing blanks and putting in force a system of self-inspection of your own premises, as more than one-half the factory Mutual members now conduct that work, rapidly increasing in number until all will establish that prac- tice. You may do this by agreement of the owners of insured property in a single block of a city, in a single ward, in a whole city, a whole county, or a whole state, or you may organize a system in your national association under the supervision of your officers, by which you may slowly but surely establish a quarterly inspection of every establishment belonging to every member in the United States. “I know not how many you number; I suppose there may be five thousand separate risks represented by your members. What of that? There are more than three thousand separate risks or buildings standing on the premises of the thousand members (a few more or less) whose property is insured in the -senior Mutual companies, with a considerable number of the junior risks added — a total valuation to-day of about fourteen hundred million dollars, and that great line of risks, covering a wide area as far as the Mississippi river into Alabama, is inspected three times a year on our behalf, with frequent special inspections, on request, by experts under our supervision, and the cost of the service is assessed at one hundred and thirty- three dollars per million on the amount of risks outstanding December 31, 1904, making the sum appropriated for the serv- ice of the present year $170,792.95. Out of this sum will be defrayed the salaries of all men employed in the bureau of inspections, in outside and inside service. It will cover the cost of all plans (the best insurance ever made of which I send you an example), each edition being printed in sufficient numbers to supply all the insurance companies, the owners and the agents with such copies as they may require; and the sum will cover all the engineering service, civil, hydraulic, electrical and chemi- cal, which we render to our members on request. OF MUTUAL INSURANCE ill “Now, if by this system, mainly of inspection and of in- struction following inspections, we have been enabled to reduce the losses by fire for ten years to an average of six cents per hundred dollars and for the last year to an average of less than two cents per hundred dollars, what will you do about it? How much will you reduce the waste of fire in your own factories and workshops during the next five years by doing likewise? How much will you save yourselves in the interruption of your busi- ness, often the worse loss that ensues after a fire? By the way, we not only give you our policies for indemnity against the actual loss by fire, but we also issue policies under the name of ‘use and occupancy,’ insuring the fixed charges during the period in which works may be stopped for repairs, and we insure against the leakage of sprinklers — all that is within the six cents and the two cents a year.” Mr. Atkinson’s public life has been very largely devoted to discovering and teaching methods of reducing or avoiding expenses. His forty years’ record as an insurance officer is practically summed up in the essays given in the preceeding pages. In addition to this he has made several valuable inventions which he has dedicated to the public, in no case taking out a patent. Such a life gives a man authority ; he has a right to call on people to listen. A GOOD SUGGESTION. It is suggested that the Mutuals in other lines take up this same work, the reduction of expenses, and do something to re- duce the fire waste, which is such an intolerable burden upon the industries of the country. A system of inspection might be organized, extending all over the country, not necessarily on the same plan as that of the factory Mutuals, but still efficient. No honest man desires that his home or stock shall burn. He is willing to do what he can to increase the safety of his property, the same is true of the owners of shops and factories, of the lodges, churches or other bodies which own property, and of the public also. As Mr. Atkinson rather more than 428 A HAND BOOK hints, there are two necessary preliminaries, to interest the insured in the matter and to educate him up to the proper standard. While it would seem that every man should be inter- ested in measures designated to add to the safety of his prop- erty, it is a fact that it is a difficult task to overcome prejudices and to awaken people from apathy. Every one who has served as inspector for the fire depart- ment of a city will bear witness to the fact that while he was on his rounds trying to show people how to keep their property from burning, doors have often been shut in his face and when he persisted in performing the duties allotted to him, he was made the recipient of abundant profanity. And when dangerous constructions, or hazardous defects have been discovered, he knows how difficult it was to have them remedied. Time and perseverance will generally overcome this trouble, and when owners of property become satisfied that they are really benefit- ed by the inspections, they will fall in and help. Having accomplished this, there remains the task of induc- ing the Mutual policy holders to consider themselves as active members instead of sleeping partners. It requires intelligence, integrity and public spirit to be a useful member of a co- operative body, and this truth is not by any means appreciated as it should be. The time will come when Mutuals will join in a system of inspection which will reduce fire losses to a minimum, a time when the fire waste shall be but the smallest part of the ex- penses of Mutuals, the heaviest outlay being for fire prevention, while the total cost of the policy holder will be far below what it is to-day. Mr. Atkinson has opened up a new line and to him not only the Mutuals but the whole country should return their hearty thanks. (Since the foregoing was written, Mr. Atkinson has passed away. He died December 11, 1905, at a very advanced age. His whole life was but a long series of services to humanity. His name will ever be a household word among the Mutuals of the country.) CHAPTER XXIII. THE PHILADELPHIA CONTRIBUTION- SHIP. (The history of the first hundred years of the life of this organization is condensed from the address of Horace Binney at the Centennial meeting in 1852.) At the beginning of the year 1752 not an inhabitant of Philadelphia possessed a single dollar of indemnity against the loss of his dwelling by fire. On the 18th of February 1752 a notice appeared in the Pennsylvania Gazette inviting subscrip- tions generally. The charter, or as it was then called, the deed of settlement, had already been drawn up and the notice read as follows: “All persons inclined to subscribe to the articles of insurance of houses from fire, in and near the city, are desired to appear at the court house, where attendance will be given to take in their subscriptions every seventh day of the week, in the afternoon, until the 13th of April next, being the day appointed by the said articles for electing twelve directors and a treasurer.” Accordingly, on the 13th of April 1752 the subscribers convened at the court house and elected the direc- tors and treasurer for the current year. The members were called contributors. The first name subscribed was that of James Hamilton, the lieutenant gov- ernor of the Province under the Proprietaries. The first name of a private citizen is that of Benjamin Franklin, who was also at the head of the directors chosen, at the first election. John Smith was the first treasurer and also the first person to insure. He took out two policies. The directors met monthly, absentees were fined two shillings; tardy ones, half that sum. The funds thus raised by fines were expended first in placing milestones —429 430 A HAND BOOK along the road from Philadelphia to Trenton and later from Philadelphia southward toward New Castle, Delaware. These were the first milestones in that portion of the country. The company did not incorporate at the beginning, in fact, not till 1768, but at their first meeting after the first election, the directors adopted a seal, the four clasped hands. This device was also placed upon buildings insured by the company. Hence came the common synonym for the company the “Hand in Hand.” Through this title was not mentioned in the deed of settlement, in the policies nor in the minute books, the thought of the name seems to have been in the minds of the directors, and the device was a very appropriate symbol of the Mutual sentiment which prompted the organization of the society. It is still the seal of the corporation. EARLY METHODS. Of the policy of the company, Mr. Binney says : “The policy of insurance was for seven years. The prem- ium was neither a rate payable annually, nor for the entire term of seven years, but was the deposit of a sum, the use or interest of which during the policy belonged to the company and so it continues to this day. “The risk of all fires was assumed without any exception of public enemies, military or usurped power, rebellion, civil commotion or riot; and so it continues. “The property insured was protected during the term against any number of losses not total, without reducing the amount insured on the premises, or imparing the deposit. In ease of destruction from the first floor upwards at any time, the company had an option to pay the whole insurance and so end the policy ; or to rebuild, the policy continuing in force ; and how often soever the destruction of fire, and the rebuilding might take place during the term the policy continued in force. And so it continues. “The payment of the deposit, the acceptance of the policy,. OF MUTUAL INSURANCE 431 and the signature of the deed of settlement, made the assured a member of the company, and a party to all the articles in the deed. And so it is to this day, the signature of the deed being sometimes neglected, as the acts are of equal efficacy. “The personal liability of the members for losses, beyond their own deposits, was half as much more, in case a single fire, beginning in one house and damaging one or more houses, should sweep away all the funds of the company. “The concern was managed for the profit and loss of the members, interest being allowed to them on their deposits, in proportion to the whole amount received by the company, and a proportion of the losses and expenses charged to them, and the balance settled at the expiration of the policy. “Executors, administrators, and assigns were included as members, there being a provision for notice of transfer and as- signment within a limited time, and the approbation of the directors. It is so this day. MODIFICATIONS. “The modifications since made of some of these principle* are these: “The policy is now perpetual, with liberty to determine it on either side, on certain terms. “The feature of personal liability in any event beyond the deposit money is obliterated. “The profit and loss principle was expunged at an early day; and it will interest you to learn the effect of this principle while it operated, and the development of business that instantly followed the resolution of the company abolishing it. “While the principle was in force, the company was in effect a dividend-paying company, the dividend being appor- tioned and paid periodically and there being no capital nor security for losses beyond the actual deposits and the interest not divided, except the guaranty in one event of a further payment of fifty per cent of each member’s deposit. It was a cardinal defect in the scheme. Under such a principle I do not *ee how the company could have become extensively useful. 432 A HAND BOOK “The effect of it in the first ten years of the company was this: The amount of their policies at the end of the first year, namely 25th of March, 1753, was $108,360; and the amount of their deposits $1,261.93. At the expiration of ten years, namely, in March, 1763, the sum insured for that year was $67,773; and the deposits $982.25. There was a falling off of nearly two- fifths at the end of ten years. Many did not renew their poli- cies at the end of the term. The minutes show the fact and the efforts of the directors to counteract it. New business did not come in. Reflecting men must have seen the defect, and de- clined the security. Others, perhaps, thought the whole affair a small one. With an almost entire ignorance of the average risks of fire in the city, and of the proper rates of premium to be charged for insuring against them, it seems to be remarkable that they did not perceive at the outset both the benefit and the necessity of accumulation, to give the company anything like stability — anything deserving the name of security against the variations of loss from time to time, which all perceive, though the general ratio is even now for the most part unobserved, or but partially known. I am inclined to think that the company at first was mislead by a foreign example, perhaps not perfectly understood, perhaps successful against all previous probabilities. It is quite remarkable, indeed, that the company should have gone on for even these ten years without an admonition, that the profit on the deposits could not be divided at any time, without a large reservation for undetermined contingencies. It seems as if a loss of a few thousand dollars could not have occirrsd in the whole period, without sweeping away the deposit furd, and breaking up the company. It is nevertheless true, that the interest upon the deposits did pay the losses and expenses, and leave a dividend to the depositors whose policies from time to time expired. “The facts say something perhaps in favor of the general carefulness, sobriety, and good order of our city at that early time, and for the then common union of all the able-bodied inhabitants at fires, guided by men of known energy and char- acter, at a day, when such men took the lead with general con- OF MUTUAL INSURANCE 433 sent, and compensated for many defects both in the apparatus and supply of water. But all subsequent experience seems to be against fire insurance companies upon such a principle, as it is also against such companies as approach it in practice, while they have a better principle in their constitutions. ANOTHER CHANGE. “At a general meeting in April, 1763, the members unani- mously expunged this provision from their deed of settlement, and substituted two cardinal provisions in its place: 1. That the interest arising from the stock, should be carried to one com- mon account, to answer the contingent charges of the company, and all losses and damages that might happen to the same. 2. That no part of the deposit money should be expended in repair- ing or paying for any damage done by fire, until the balance of the interest money, as shall accrue to the time of such fire, shall be first expended. “This change seems to have been recommended by the directors, upon the ground mainly of convenience, to avoid the necessity of troublesome calculations of dividends of profit upon the expiring policies ; a sufficient reason, perhaps to be assigned at the general meeting. But it is impossible to believe that the members of the board of directors did not perceive by the con- dition of the company, as well as by the consideration of general principles, a far weightier reason in the necessity of giving tone to a languishing body, so as finally to endow it with strength to meet all probable hazards in reserve for it. I have no doubt that the last was a ruling motive and object, and I desire to give them credit for it. It was a great thought. So far as I can discover from the constitution of a primitive Mutual assur- ance fire company elsewhere, it was an original thought, and it was undoubtedly a thought as full of good-will towards the dis- tant future, as it was of precaution for the time at hand — for those who might at any subsequent day seek the security, as 27 434 A HAND BOOK well as for those who had then availed themselves of it. It has been the building up of the company to its present adult strength and solidity.’ ’ As a result of the changes, the company grew stronger both in reserve and in business. In those days the subject of insur- ance had been studied but little. The hazards were guessed at. The building up of a reserve was commenced none too soon. Concerning this Mr. Binney says: “And in this state of our knowledge, the thing that was the best for them to do, was what they did and what we do at pres- ent, and it is still the best than can be done by us, namely, to regard our premiums of insurance as including no profit at all, but as requiring constant accumulation to meet the unknown hazards of the time to come, and which I fear are increasing among us from day to day. We may be wrong, and if we are, we are wrong on the right side. Those who have already de- clared their profits, their estimated profits, and paid them away without large reservations for the future, may be, and in<*ted some of them have already been, wrong on the wrong side. I do not say that there is one rule for them and another for us. I think there is not. But I know from observation in this com- pany, of which I became a director in 1817, and have constantly been so for the last twenty-one years, that is the rule for us, which for a long time to come will be the only rule for us, that is to say, the accumulation without dividends. “The analogous rule in companies that insure for profit at the present rates, would be the rule of very small dividends of profit, and large reservations for the unknown future, until the true rule shall be better known. For there are great calam- ities by fire, rarely occurring, as well as less calamities frequent- ly occurring. There are years that may be called in life risks, years of plague and cholera, as well as years of usual or ordin- ary death; and such devastations or mortal years, concern the insurers against loss by fire even more than they appear to con- cern insurers of life, who rarely assume the risk of life in the class particularly exposed to plague and cholera. ‘Tie l < ws no distinction of subjects and houses can not move away from OF MUTUAL INSURANCE 435 it. Such calamities come, it is true, at more distant interval i; but still they come. A century, and even a shorter period, is the witness of them ; and the duty of those who insure and mean to keep insuring to all future time, is in some mannei to provide for them; and with no knowledge at present that enables us to say with demonstrable probability, what these disasters will be, or when they may be expected, the law of our institution does the best that can be done, by separating our concern from the hope of gain, and from its one-sided speculations and estimates, and by enlarging our security to the utmost against the worst that may happen. If our successors shall at the end of another century find they have too much, it will prove that the premiums, assisted by the accumulations which the deed of settlement re- quires, have been unnecessarily high, and the strength of the company will then become a public benefaction to the whole city and its neighborhood, in the reduction of rates of premium upon brick and stone buildings. STRIKING FACTS. “But let me state very striking facts in our history, to illus- trate the degree of caution with which we should receive calcu- lations as to the future, with our present knowledge. One of them is that at the end of this present fiscal year of our com- pany 1852, we have, with a very inconsiderable fraction of ex- cess, the same proportion of funds to the whole mass of insur- ances that we had at the end of the fiscal 1842, ten years ago, notwithstanding the intermediate accumulation. And the other is that, if the great fire of 1850 had occurred in the year 1808, it would have swept away the whole amount of our funds, deposits and accumulations for half a century. Our insurances in the quarter where the fire occurred, are supposed to have been of the same amount or nearly so in 1808, as in the year 1850. The two Mutual assurance companies of this city, who covered at an early date that quarter, as I may call it, bore the brunt of that storm; and as it was to come, it was well for us that it did not come sooner. 436 A HAND BOOK “The progress of the company has been from that time onward, with occasional exceptions of disastrous years; and after examination of our books, we do not concur in opinion with a very estimable and respectable annalist of our city, that there ever was a period when a loss of any extent disturbed the fin- ances of the company. In the war of the Revolution, and in the latter days of paper money, when the investments were upon mortgage, as they still are for the most part, and when to exact immediate payment, was to get paper worth one in fifty, or less, the company may have had to proceed cautiously, to avoid pay- ing a loss in the same paper; but except in such cases, the prompt payment of a loss cannot have disturbed them even in their infancy. Their advance was immediate after the rule of 1763; and the insurance continued to increase from year to yea* afterwards, to the present time. The public appear to have understood the value of the change.” (The paper money above referred to was that of the Revolu- tion.) During the first century, the company gave excellent satis- faction. There was but one suit at law, and in that the company was successful. On one other occasion the directors consulted a lawyer, but no suit was commenced. Thus passed the first century and for many years after there was no trouble. The company did business only in Philadelphia and its suburbs, only selected risks were taken and the company was never engaged in litigation. Losses were paid in full as soon as adjudged and everything appeared to be satisfactory. But in 1894 there was an outbreak. No commissions had been paid to agents till 1888. From that time until recently small commissions were paid and a number of small but perfectly good risks were accepted. From these new and small contributors just referred to, the whole trouble of 1894 sprang. OF MUTUAL INSURANCE 437 Prior to 1894, any contributor who felt so disposed attended the annual election on the second Monday in April and voted. Proxies, the legality of which was then for the first time questioned, had been voted for upwards of fifty years, and probably much longer. That so few, (generally about seventy-five) voted, probably arose from the fact that the contributors were entirely satisfied with the management of the company. Be this as it may, however, up to the day of election in 1894 not a single complaint from any contributor had ever reached the ears of the board against the policy pursued by it, nor a single suggestion or intimation that a change was desir- able. On the second Monday of April, at 2 p. m., the annual election was held ; a great crowd of persons appeared at the office of the company to carry out the plan of electing a new board. For such an attack the management was wholly unprepared. The new ticket submitted did not contain the name of a single individual who had been a contributor more than two years, save two of the old directors, whose names were used without their consent, and, with a few exceptions, was composed of those who had, through brokers, effected insurance in small amounts. It was not possible that in the two hours allotted to the election on that day to attempt to defeat his project. A number of contributors in the neighborhood, hearing of the contest, came in and voted, and at 4 o’clock the election was adjourned until the next day under the express provisions of the deed of settlement. The actual result of this first day election, in view of what subsequently happened, is not important, but it is in- structive. While it is not stated in so many words, it is clear from this account that there was an attempt to get control of the company. The opposition went into court and a new election was ordered and resulted in an overwhelming victory for the old management. To prevent all such troubles in the future, the by-laws were so changed that instead cf electing the entire 438 A HAND BOOK twelve directors each year, but three were chosen to serve for four years, the new ones being elected each year. It was also provided that the present assets of the company should remain intact but the directors might distribute such proportion of the profit as they deemed prudent. The com- pany has gone on since that time in its usual course. The following is the resolution referred to. “Resolved: That the present assets of the company shall remain intact, and that the directors be and they are hereby authorized, from time to time, at their discretion, to distribute among the policy holders of the corporation, in proportion to their deposits held by the company on policies in force respec- tively, such proportion of the net income from invested funds as they deem safe and prudent, after providing for losses and depreciation of assets and making such additions to the assets as they deem expedient : Provided, that all deposits made after this date shall remain at least ten years before the holder of policies issued thereon shall receive any benefit under this reso- lution: Provided, further, that all deposits received shall be added to the assets of the company. February 18th, 1895.” The great element of success in this company seems to have been its remarkable ability in getting good men and keep- ing them. During the first century there were only 106 different directors. One served for fifty years, twenty-eight for twenty years or more. The office of secretary and treasurer were con- solidated in 1817. Since that time but four persons have held the office, the present incumbent having been elected in 1859. The following letter from him will be of interest: “In answer to your request of the 24th ult. we are mailing you today copies of the Centennial History of this company issued in 1852, an address to the members at the time of the disputed election, issued in 1894, and a copy of the charter as it stands at present. “We are not only the oldest insurance company in America, but I believe the oldest corporation. “We write only 1 Perpetual’ insurance on selected risks of brick and stone buildings in Philadelphia and surrounding coun- ties, being limited by charter to Pennsylvania. OF MUTUAL INSURANCE 439 “We originally credited each depositor’s (or contributor’s) account with any profits, but the personal liability of each, over and above their deposits, was not attractive, so the liability feature was removed and also the profit sharing. “In 1895, the surplus funds being sufficient, profit sharing was resumed, and dividends out of the net income from the surplus, have been paid on policies in force (according to the accompanying notice) at the rate of 10 per cent a year on the amount of the deposit. 1 1 On December 31, 1904, we had at risk $15,087,224, deposits $528, 582.55 (which latter less 5 per cent practically our only liabilities). Our assets were $5,131,210, and we had a surplus therefore of over 4*/2 millions. Our losses incurred during the year were $20,127, while we paid as dividend in distribution of our net income money to members, double that. During the year, we took $646,825 new risks for which we received $27,064 deposit. December 30, 1905, the assets were $ 5,364,109.42 Insurance $ 15,294,690.66 A ten per cent cash dividend was declared, making 110 per cent since 1845. There is absolutely no assessment liability. The present secretary of the Contributionship is J. Somers Smith, Jr., to whom the Manual Committee are indebted for the above information and for many other courtesies. CHAPTER XXIV. MISCELLANEOUS MATTERS. CO-INSURANCE. Some policies are so worded that they make the companies responsible for all damages up to their face. Under such policies, if a house is insured for $1,000, the company will pay a partial loss in full up to $1,000. Other policies agree to pay only three- fourths or some other part of the value of the property and the same proportion of a partial loss. In this case, if a house is insured for $1,000, and is appraised at $1,000, the company would pay, in case of loss, $750, in case of partial loss, say, of $400, they would pay $300. Again, there are companies which insist that the insured shall carry a certain amount of insurance, say seventy-five per cent, in companies which shall be jointly responsible for all losses. Failing to do so, in case of loss he only gets an amount bearing the same proportion to the total loss that the insurance he carried does to the amount of the policy. Policies are frequently written “ concurrent insur- ance permitted.’ ’ In the event of concurrent insurance all the companies should be notified of whatever insurance is placed upon the property. In re-insurance, there is but one company and one adjuster to deal with and if the company is sound there is no trouble. But the insured does not see the re-insurance policy and does not know its provisions, and if the first company fails he may find himself unprotected. This matter is now before the courts, and the legislatures will probably establish a rule. Insurers may complicate matters by their own carelessness or ignorance. A man may insure his property in good faith 440— OF MUTUAL INSURANCE, 441 for a reasonable amount. Some one may persuade him that his company is unsound or he may forget when his policy expires and effect another insurance and may have two or three policies in force at the same time. Such a complication would in all probability get into court and the verdict would probably be that the policy holder would lose his case. The policy holder should always carry a portion of the risk. Good companies instruct their agents to limit their policies to two-thirds or three-fourths of the actual value of the prop- erty and to take a premium only on the sum they intend to pay in case of loss. It is argued that when one of these clauses is inserted in a policy that the temptation to over insure will be removed and that the policy holder will place a fair value on his property. As a weak point of the valued policy law is that it places no restraint upon the policy holder who over insured, so the weak point of these clauses is that they do not reach the companies. Nor does either one reach the agent without whose connivance no over insurance can be effected. The underlying thought of the anti co-insurance laws is the same as in the case of the valued policy laws, an endeavor to compel the companies to stand up to their bargains and thus compel fair dealings by making it to the interest of the com- panies to avoid over insurance. REINSURANCE. Whenever a policy holder insists on dealing with only one company, as many do, if the risk is a large one, the company must either decline it and lose the business, or reduce its liabil- ity by re-insuring so much of it as is above the limit which the company has fixed for itself. There is no reason why insurers should not prefer to deal on that plan. In cases of loss, settlement is much easier, there is only one policy, only one contract with one set of provisions,, instead of several, each with its own set of technicalities, not only different, but sometimes contradictory, and most important of all, there is only one adjustment. 442 A HAND BOOK Now is there any reason why Mutuals should refuse such risks. They are profitable. The hazard is generally low for such business, it usually comes from careful men, and when such a customer is once secured he becomes a source of profit. Another reason for re-insurance is that if the policy holder divides his own insurance he may put some of it in unfriendly stock companies, and thereby cause no end of trouble. But if the Mutuals re-insure in other Mutuals all trouble of this kind will be avoided. Two cautions are pertinent. The first is to see that the policy expresses exactly what i® to be done. If the company merely insures a certain amount with the understanding that the policy holder places the rest where he chooses the policy should be written for that amount, and the words “ concurrent insurance permitted,” or others to the same effect should be inserted. The second is that in case of re-insurance the policy should not be in force till the re-insurance took effect. An illustration will show the reason for this. A Mutual takes a risk of $25,000 expecting to re-insure $23,000 in twelve other companies, but before it is done the property burns. The whole loss falls on the Mutual. This difficulty is easily avoided. SUBROGATION. Subrogation, in law, is the substitution of one person in place of another, giving him the right of the person whose place he takes. The subject is of importance to insurance companies as their policies are often assigned as security for debts and especially for mortgage loans. This requires the consent of the company and the fact of the assignment as well as the consent of the company must be endorsed on the policy. A common form is “Loss, if any under this policy, payable to as their interests may appear.” Under this, or any similar con- tract, in case of loss by fire, the insurance money would be paid to the mortgagee or the creditor so far as covered by his claim, the balance, if any, going to the debtor. OF MUTUAL INSURANCE 443 Many loan companies use special forms, containing several provisions which should be submitted to an attorney. The right of subrogation exists by statutory enactment, in many states, it being provided that where the insurance com- pany claims that the fire was caused by act or neglect of any person or corporation on payment of such loss the insured shall assign to the company his right to recovery from said per- son or corporation and this whether stipulated in the policy or not. Generally, when an insurance company pays a loss caused by negligence of a railroad company, or other common carrier, it becomes subrogated to the rights of the insured against the railroad company. The Western Underwriter has the following: “The railway subrogation waiver clause creates an endless amount of correspondence. There is only one form permissible, yet agents are constantly attempting to improve upon it. Stick to the text which is as follows : ‘ Notice is hereby acknowledged that the assured has waived the right of recovery from the .... Railroad Company, for any damage by fire occuring to the property described herein, or affected thereby . 1 ” The whole subject is too difficult and too complex for a work of this kind. Should a case arise the services of a good attorney should be secured. LIABILITIES OF MEMBERS OF MUTUALS. This question has been settled years ago but circulars are still issued stating that each member of a Mutual is liable for all he is worth in case of loss, if a Company fails to pay. They make this assertion without any regard to any state law, or stipulation or condition in the policy. The circulars alluded to bear neither date, signature or even imprint, a circumstance which is sufficient proof that they were not issued with honest intents. They may be dismissed without further notice. While the laws in most of the several states differ very greatly, the statutes concerning insurance companies, or which 444 A HAND BOOK affect their business, generally provide for three classes. First is the old line stock company, in which the whole affair is owned by stock holders. Of course the laws of the state granting the charter control in each particular case. The second class corresponds very nearly with the ordinary co-partnership. Many of the smaller mutuals the township and especially the fraternal and denominational mutuals are so organized and purposely. They deal only with those they know personally, take no extra hazardous or disporportionately large risks and pay all losses in full. There is still a third class which, in most states comes under a special law. The liability is limited to the face of the note by statutory enactment. Massachusetts provides two methods, cash payments, with a liability of an equal additional amount, the total liability being “ plainly and legibly stated on the back of the policy” and deposit notes which constitute the entire liability of their members. New Hampshire, Connecticut and others limit the liability to the face of the premium note. The same is true in Kansas. These laws have been in force many years. There are the Mutuals which carry no funds, take no notes and assess to pay losses and expenses. These generally stipu- late that losses shall be paid in full. Provision is made against burdensome assessment by providing that such companies shall have a certain number of policy holders and a certain amount at risk before they can begin business, and this is large enough to do away with the danger of a burdensome assessment. If they should fall below this at any time they would be compelled to quit business, till they had secured enough more policy holders and risks to bring them up to the standard. There is still another class, those mutuals which are work- ing without charter, and practically without legal organization. They can neither sue nor be sued. Among these will be found church insurance companies, fraternals, etc. These companies work very cheaply and depend upon honor for the enforcement of contracts, having no legal liability whatever. To do them justice, it must be said they are doing excellent work. OF MUTUAL INSURANCE 445 There is some of the same spirit in all mutuals. It is a matter of honor, to do a safe business, and to meet their obliga- tions, and they do so quite as well as any other business organi- zations. THE SAFETY LIMIT. How large a policy may a Mutual issue? This is a question frequently asked. Thus far there has been no answer of general application. Several states have statutory provisions; they differ widely. Maine prohibits in any one risk “an amount exceeding twenty-five per cent of its gross assets, including the amount due at any one time on its premium notes.” Massachusetts and New Jersey limit the amount to one tenth of the net assets; Connecticut to one tenth of paid up capital and surplus; Idaho, Wyoming and Indiana to ten per cent of paid up capital; Colorado to five per cent of paid up capital; Washington limits the risk to $1,000 on each $750,000 insured. Other states have different provisions and many ignore the matter. These enactments are evidently the wildest guess work with no scientific basis whatever. All state enactments are apt to err on the danger side. They get the bank reserve too small and the policy limit too large. There is a rule current among insurers that the largest risk in a single policy should never exceed ten per cent of the annual premium receipts for one year. This is much smaller than the lowest statutory limit quoted, except in Colorado, but is still higher than the usage of insurance companies in general. There seems to be no definite rule, at least none can be discovered from reports. Many answer the question by saying “no limit,” others give figures evidently taken from the by- laws but an inspection of their assessments shows that they have never had any losses of such magnitude, and their average of risks is so far below it as to preclude the idea of such large policies. It is more probable that the officials in taking risks keep in view, the size of the assessment in case of loss. In Wisconsin for example, where the Mutuals have been wonder- fully successful, the limits of risks are large. But very many of the Mutuals made no assessment at all last year and scarcely 446 A HAND BOOK any made a levy which would have paid a large loss. It is evi- dent that there is no unity of opinion on the matter. DUTIES OF THE STATE. All chartered bodies are creatures of the State, and though modern philosophers and interested parties may protest most vigorously, it will remain true that in the universe and in the state the creator is greater than the creature. It may be said in addition that no chartered company can hold a vested right against public policy. As a legitimate deduction from this, it may be stated that all corporations are subject to the state laws and every kind of chartered insurance company is included. Without entering into a discussion of this much debated matter, it may be said in the case of insurance companies the state should go far enough to protect the individual insurer against fraud or mismanagement, to compel the companies either to prove their ability to fulfil their contracts or to close up busi- ness while it is possible to do so, without material loss to the policy holders. To faithfully perform this duty the state should periodi- cally make complete and thorough examinations of all insur- ance companies. The facts to be established are that the com- pany is able to meet its engagements, is fairly and honorably conducted and is fully complying with the laws of the State. The cost of this to the policy holder is trifling. There will be no concord of opinion as to what legislation is advisable. The varying conditions of the several states pre- clude any general laws, applicable alike in every state. Statutes providing for good management, security and fair dealing exist is nearly all the states. As a general rule, after safety and good management have been provided for, the less meddling by the state, the better. Details often depend on local conditions and should be left to the local companies. TAXATION OF MUTUALS. Mutual insurance companies are not organized for profit and therefore should not be compelled to pay a percentage on OF MUTUAL INSURANCE 447 their receipts. Such taxes are not levied upon property but upon income, and are, in their nature, licenses to do business, and are usually intended to reach foreign corporations and joint stock companies. An inquiry concerning this matter made by the committee resulted in developing the fact that there is no uniformity of procedure. Some companies reported that they never had paid a tax, others complained that they were compelled to pay too heavily. Generally the Mutuals which assessed after a loss were exempt from taxation. They had nothing to tax. Others which made advance assessments paid on what they happened to have on hand, in other words they paid on the property in their possession. There is no general rule. LEGAL. In discussing legal questions it has not been the intention of the compilers of this Manual to make it a law book, or to supersede attorneys and courts, but only to give such general information as is usually current among business men, leaving particular eases and technical points to the attorneys of the com- panies. As a ship in mid ocean, managed by her own captain who only knows enough of hidden dangers to keep at a dis- tance, pursues her course in safety, but when she comes to in- tricate channels and narrow passages, secures the services of an expert pilot, so, in general, these directions will answer, but when special cases arise and complicated questions are to be decided, the services of an attorney will be needed. The man who always “stands on his rights ’ ’ is generally in trouble with his neighbors, and so the official or clerk who is always consulting law books and attorneys to see how little he is obliged to do by the statutes in the case made and provided, is one whose services should be dispensed with at once. The average man does not wish to be annoyed with technicalities, and legal discussions. Courts and juries are disregarding them more and more. In fact adhering to technicalities is looked upon as evidence of intention to take advantage, while doing all that can be done, even though one doe& more than is called for, is evidence of good faith and goes a long way with a jury. Insurance officers should act upon this principle and in cases of doubt, always take the safe side. CHAPTER XXV. LAWS — COURT DECISIONS. IOWA DECISIONS-Relating to Co-operative Mutual Insurance. The Supreme Court of Iowa has held that where the articles of incorporation show that an insurance company is organized to do a mutual insurance business and to insure only the prop- erty of its members, that the company could not insure the property of any one not a member and the issuance of policies of insurance on the stock plan was invalid. Corey vs. Sherman, 96 Iowa, 114. A mutual fire insurance company cannot issue a policy to one not a member, nor for a stated and definite amount of insur- ance, nor for a stipulated premium. One who insures his property in a mutual company in a stated amount for a specified premium, does not become a mem- ber and acquires no rights. The creation of a guaranty fund held not to deprive the cor- poration of the character of a mutual company. Where the statute provides that a copy of the application shall be printed or written upon the insurance policy, such re- quirements are applicable to mutual companies. Although in general, a money judgment cannot be rendered against an assessment company, yet, if the company has issued a policy in which it agrees to pay a fixed sum in case of loss, such action may be maintained. Byrnes vs. American Mutual Fire Insurance Company, 114, Iowa, 738. Where it is not required by the articles and by-laws, notice of assessment need not be given before the assessment is made. Corey vs. Sherman, 96 Iowa, 114. The members of mutual insurance companies are presumed to have knowledge of the articles of incorporation and by-laws. Corey vs. Sherman, 96 Iowa, 114. Even in purely mutual benefit associations, as between the assured and the company, the latter stands in something of an independent attitude, and may be held bound, sometimes with- out such intention. This intent or purpose will not always be held as a matter of law, to be known to the insured, because of his membership. Matthes vs. Imperial Accident Association, 110 Iowa, 122. 448 — R. J. YOUNG, OELWEIN, IOWA. Mr. Young is one of the veterans. He has been an active and efficient worker in Mutual Insurance lines for more than thirty years. He served as director, treasurer and secretary of the Fayette County Mutual, acting in the latter capacity for nine years. He is also a director of the Farmers’ Mutual and Grain Growers Hail Insurance Company and has served on the executive board for nine years. He assisted in organizing the Town Dwelling Mutual Fire Insurance Company of Des Moines, Iowa, thirteen years ago, still being on the directory. He has been a member of the Iowa Mutual Tornado Insurance Company since its organization. PETER F. ZIMMER, LINCOLN, NEBRASKA. Mr. Zimmer, a native of Michigan, has devoted all his life to insurance of different classes in the States of Nebraska. Colo- rado, Minnesota and the Dakotas. In 1899 his brother and himself organized the United Hail Insurance Association, of which they are still the managers. For four years they fought the wild cat companies of Nebraska, finally securing the law requiring a $50,000 guarantee on the part of the officers of hail insurance companies for the faithful accounting of the funds of such com- panies. Their company is the only hail company in the state which has made a continuous success of the business from the very first. OF MUTUAL INSURANCE 449 The mutual benefit life association may waive the provis- ions of its policies as to medical examination. Watts vs. Equitable Mutual Life Association, 111 Iowa, 90. While each policy holder is a member of a mutual company during the life of his policy, he does not become a member until the policy is issued and in the negotiations for it, he stands in the relation of a stranger to the company. Even as to renewal of a policy, already in existence, the parties are dealing at arms length. Parno vs. The Iowa Merchant’s Mutual Insurance Company, 114 Iowa, 132. The creation of an indebtedness incident to the organiza- tion and the conduct of the business of a mutual association, may be authorized by the articles of an association, and the re- payment of such indebtedness may be enforced. Ainley vs. American Mutual F?re Insurance Company, 113 Iowa, 709. While members of a mutual company may be bound by by- laws adopted after they became members, nevertheless, the terms of a policy of insurance will be presumed to be covered by the by-laws in force when it was issued, and not to be affected by those subsequently adopted. Farmer’s Mutual Hail Association vs. Slattery, 115 Iowa, 410. THE IOWA ANTI-COMPACT LAW. This law reads as follows: Section 1754. “It shall be unlawful for two or more fire insurance companies doing business in this state, or for the of- ficers, agents or employees of such companies, to make or enter into any combination or agreement relating to the rates to be charged for insurance, the amount of commission to be allowed agents for procuring the same, or the manner of transacting the fire insurance business within this state ; and any such company, officer or employee violating this provision shall be guilty of a misdemeanor and a fine is imposed for each offense.” It has been held constitutional by the United States Su- preme Court. MINNESOTA LAWS AND DECISIONS. The following extracts from the laws of Minnesota and from the court decisions will be of general interest. “In a Mutual fire insurance company, organized under Laws 1881, c 91, the capital is made up of cash premiums and premium notes.” Taylor vs. North Star Mut. Ins. Co., 46 Minn., 198 N. W. 772. “One insuring in a Mutual Company becomes a member 28 450 A HAND BOOK thereof.’ ’ Taylor vs. North Star Mut. Ins. Co., 46 Minn., 198 N. W. 772. “General Laws 1881, c. 180, authorizes certain mutual com- panies which have attained a certain capital to assume to a limited amount risks ‘on the all cash plan, and issue policies,’ etc. Held, that the holder of an all cash policy did not thereby become a member of the company.” In re Minneapolis Mut. Tire Ins. Co., 49 Minn. 291, 51 N. W. 921. Non-participating policy holders are customers, not mem- bers. “Gen. Laws 1881, c. 91, authorizing the formation of Mil- lers and Manufacturers’ mutual insurance companies, author- ized persons engaged in such business to form themselves into a corporation for the purpose of insuring ‘upon the plan of Mutual Insurance,’ mills, etc. Section 12 provided that every person insured by the corporation should pay at the time of receiving his policy such sum in money, and give his premium note for such further sum, as might be required, and that all persons effecting insurance in such corporation should thereby become members thereof, and should be bound to pay losses and expenses in proportion to the amount of their premium notes. Gen. Laws 1885, c. 180, provided that whenever the capital of any company organized under the act of 1881 should amount to a certain sum, of which not less than a certain amount should be actual funds, such company might “assume risks on the all cash plan and issue policies against loss or dam- age by fire or lightning on any property real or personal, to an amount not exceeding 5 per centum of its capital stock. ’ ’ Held, that the law of 1885 authorized such companies to enter into contracts of simple “all cash” (not mutual) insurance to the limited extent specified, and a policy in the ordinary form of such contracts is a contract of simple (not mutual) insurance. In re Minneapolis Mut. Fire Ins. Co., 49 Minn. 291, 51 N. W. 921, Powell vs. Wyman, Id. A Mutual insurance company, organized under Gen. St. 1878 c. 34, articles 338-347, authorizing it to insure “detached dwellings and their contents, and farm buildings and their con- tents, and live stock and hay and grain in bin or stack,” has no power to insure growing grain of its members against loss by hail. Delaware Farmers’ Mut. Fire Ins. Co. vs. Wagner, 56 Minn. 240, 57 N. W. 656; Same vs. Knuppel, 56 Minn. 243, 57 N. W. 656. OF MUTUAL INSURANCE 451 It is a good defense to a note given in payment of the insur- ance premium that the company had no power to issue the policy for which such note was given. Rochester Ins. Co. vs. Martin, 13 Minn. 59, (Gil. 54). In a Mutual fire insurance company organized under Laws 1881, c. 91, premium notes, together with cash premiums, con- stitute the capital, and are assessable in proportion to the amount of losses sustained. Taylor vs. North Star Mut. Ins. Co., 46 Minn. 198, 48 N. W. 772. A member of a mutual insurance company cannot be asses- sed for losses sustained before he became a member of the Com- pany. Swing vs. North Star Mut. Ins. Co., 62 Minn. 169, 64 N. W. 97. Where an assessment on the premium note of a member of a mutual insurance company is rendered of a larger amount as to him, through the knowing omission of other member liable to assessment, it is voidable. Swing vs. H. C. Akeley Lumber Co., 62 Minn. 169, 64 N. W. 97. Rev. St. Ohio, Sec. 3650, providing that in making the assessment on members of a Mutual insurance company, the board of directors shall determine the sum to be paid by the several members, and publish the same in such manner as they choose or as the by-laws prescribe, and that the amount so as- sessed shall be paid within 30 days next after publication of such notice, contemplates a publication of the whole assessment list, and not a mere notification of a member by mail of the amount of his own assessment. Swing vs. Wurst, 67 Minn. 198, 79 N. W. 94. A misrepresentation or concealment, to effect the policy, must be material to the risk. Aetna Ins. Co. vs. Grube, 6 Minn. 82, (Gil. 34). Where a policy of fire insurance provides that the same shall become void in case the insured mortgages the same with- out notifying the company, a mortgage of a portion only, with- out giving the prescribed notice, will vitiate the whole policy. Plath vs. Minnesota Farmers’ Mut. Fire Ass’n., 23 Minn. 479, 23 Am. Rep. Where an insurance agent, authorized to procure and for- ward applications, makes out an application incorrectly after having received correct information, the agent does not become the agent of the assured because of a stipulation in the policy subsequently issued that the acts of the agent in making out the application shall be deemed the acts of the insured. Kansel vs. Minnesota Farmers’ Mut. Fire Ins. Ass’n., 31 Minn. 17, 16 N. W. 430. 452 A HAND BOOK An insurance company is responsible for its agents mistakes in wrongly stating facts correctly given him by the assured. Kansel vs. Minn. Farmers’ Mut. Fire Ins. Ass’n., 31 Minn. 17, 16 N. W. 430. A policy of insurance was issued on certain farm property, including stables and ‘ ‘ hay therein or in stack, ’ ’ and designated as being in the possession of the assured, who was referred to as residing on a farm particularly described. The assured owned some hay in stack, not on the land described, and two miles distant from his residence. The agent of the company who effected the insurance, and made out the description of the prop- erty inserted in the policy, knew of this hay, and, as between him and the assured, it was understood that it was to be covered by the policy. Held, that such hay was covered by the policy, although the company’s articles of incorporation declared that property under the immediate control of the assured, only, should be insured. Soli vs. Farmers’ Mut. Ins. Co., 51 Minn. 24, 52 N. W. 979; Berhstron vs. Same, 51 Minn. 29, 52 N. W. 980. The acceptance of premiums and assessments on a policy after a loss will not bind the insurer, as a waiver of non-pay- ment of the premium or assessment, if the insurer was ignorant of the fact of loss. McMartin vs. Continental Ins. Co., 41 Minn. 198, 42 N. W. 934. A valued policy is one in which the value of the property insured is fixed and agreed upon by both parties to the contract, and, in case of total loss, it it not necessary that proof should be made of the market value at the time and place of ship- ment. Williams vs. Continental Ins. Co., 24 F. 767. Failure to give notice of loss for nearly 60 days after the fire, constituted, as a matter of law, a breach of condition re- quiring the giving of “immediate notice.” Armentrout vs. Girard Fire & Marine Ins. Co., 63 Minn. 305, 65 N. W. 635, 30 L. R. A. 346. Where an insurance company, upon information that prop- erty covered by one of its policies had been damaged by fire, makes investigation into the cause of the fire, obtaining infor- mation sufficient to determine its liability, expressly recognizes such liability, and prepares proof of loss from the information thus obtained, which it presents to the insured for signature, but which he refuses to sign because of the stipulation of settle- ment therein contained, the failure on the part of the insured to make and serve formal proof of loss is waived. Larkin vs. Glens Falls Ins. Co., 80 Minn. 527, 82 N. W. 409. A provision for arbitration is waived by the company’s denying liability after loss, and telling insured that he will OF MUTUAL INSURANCE 453 have to resort to the courts. Hamberg vs. St. Paul Fire & Marine Ins. Co., 68 Minn. 335, 71 N. W. 388. The description of the property insured was a two story frame, brick veneered building and additions attached, includ- ing the foundation and all permanent fixtures situated therein. The building and additions were totally destroyed by fire. Held, that it being conceded that the loss by fire exclusive of the foundation included in the policy, was greater than the amount for which the property was insured, it was not error for the trial court to direct a verdict for the plaintiff. Ohage vs. Union. Ins. Co. of Philadelphia, 85, N. W. 212. NEBRASKA LAWS AND DECISIONS. BRIEF OF INSURANCE DECISIONS BY HON E. M. COFFIN. Mutual Insurance in Nebraska is affected by the following decisions : Refusal of Auditor to grant certificate, no defense is> an action for assessment. Burmood vs. Insurance Co., 42 Neb., 598. Cannot recover for loss while assessment is delinquent. Farmers Mutual vs. Kinney, 64 Neb., 808. Mutual Hog Co. cannot limit assessment. Morgan vs. Insur- ance Co., 62 Neb., 446. This applies also to Fire companies organized under 1897 law. Mutual Live Stock Association held to be an Insurance Co. State vs. Live Stock Ass’n., 16 Neb., 549. Valued policy law valid and applies to mutual insurance companies. Farmers Mutual vs. Cole, 93 N. W., 730. Act allowing Attorneys’ fee valid and applies to Mutual Insurance Companies. Farmers Mutual vs. Cole, 93 N. W., 730. Act of 1891 for organization of Farmers Mutual companies valid. State vs. Moore, 48 Neb., 870. Mutual Company organized under act of 1891, cannot take notes for premium. State vs. Moore, 48 Neb., 870. That building was burned by third party is no defense. Union Insurance Co. vs. McCullough, 96 N. W., 79. Policy not invalidated by change of tenants. Union Insur- ance Co. vs. McCullough, 96 N. W., 79. Application signed by a husband and wife on wife’s prop- erty does not effect rights. Union Ins. Co. vs. McCullough, 96 N. W., 79. Agreement in application to be bound by subsequently passed by-laws is binding on member. Hale vs. Western Trav- elers Ass’n., 96 N. W., 170; Farmers Mutual vs. Kinney, 64 Neb., 808. 454 A HAND BOOK If company has actual knowledge of loss, it waives proof of notice. Western, etc., Ass hi. vs. Tomson, 103 N. W., 695. If company denies liability, it waives proof of notice. West- ern, etc., Ass’n. vs. Tomson, 103 N. W., 695. Where a blanket policy is issued and only part of property is destroyed, cannot claim total loss. Johnson vs. Phelps Co. Mutual Ins. Co., 102 N. W., 72. Misrepresentation of material matters in application voids policy. Royal Neighbors vs. Wallace, 102 N. W., 1020. Demanding proof after knowledge of breach waives same. Fidelity Mutuals vs. Murphy, 95 N. W., 702. Restrictions on agent’s authority in policy not binding on assured as to acts in taking application. Fidelity Mutual vs. Lowe, 93 N. W., 749. Agent of mutual company in taking applications stands on same basis as agent of stock company. Fidelity Co. vs. Lowe, 93 N. W., 749. Organic act, articles of incorporation, by-laws, application and certificate, constitute the contract of insurance. Farmers Mutual vs. Kinney, 64 Neb., 808. Liability of member of mutual company continuing one. Morgan vs. Hog Raisers Ins. Co., 62 Neb., 446. Assessment not invalid because Board of Directors assisted in making assessment although secretary is authorized to make same. Phelps Co. Farmers Mut. vs. Johnson, 66 Neb., 590. When a policy is deemed cancelled at request of insured. Farmers Mut. Ins. Co. vs. Phoenix Ins. Co., 65 Neb., 14. Company must cancel policy at request of insured. State Ins. Co. vs. Farmers Mutual, 65 Neb., 34. Cancellation at request of insured takes effect from time of receipt of policy by Company. Farmers Mutual vs. Phoenix Ins. Co., 65 Neb., 14. After request for cancellation, claim for unearned premium may be assigned. State Ins. Co. vs. Farmers Mutual, 65 Neb., 34. Method of computing unearned premium. State Ins. Co. vs. Farmers Mutual, 65 Neb., 34. Misrepresentations to void a policy must be untrue and known to be so by applicant. Aetna Ins. Co. vs. Rehlaender, 94 N. W., 129; Royal Neighbors vs. Wallace, 99 N. W., 256; Farmers Mut. vs. Cole, 93 N. W., 730. Vacancy does not of itself work forfeiture but is ground for declaring same. Hunt vs. Ins. Co., 66 Neb., 121. Conveyance absolute in form as security for contingent lia- bility, which never occurs, does not forfeit policy. Henton vs. Ins. Co., 95 N. W., 670. OF MUTUAL INSURANCE 455 Attempted waiver by local agent in violation of policy not binding on company. Hunt vs. Ins. Co., 66 Neb., 121. Notice to local agent is notice to company. Hunt vs. Ins. Co., 66 Neb., 121. Act of agent in taking application binding on company. Fidelity Mut. vs. Lowe, 93 N. W., 749. Waiver of forfeiture need not be in writing. Hartford Ins. Co. vs. Landfare, 63 Neb., 559. Secretary may waive forfeiture. Nebraska Mercantile Mut. vs. Sasek, 64 Neb., 17; Johnston vs. Phelps Co. Mut., 63 Neb., 21. When only part of insured property is destroyed while assessment is delinquent, subsequent acceptance of assessment is not a waiver of default. Farmers Mut. vs. Kinney, 64 Neb., 808; Johnston vs. Phelps Co. Mut., 63 Neb., 21. Loss by wind on single corn crib not covered by policy. Farmers Mut. vs. Tighe, 91 N. W., 520. Where proofs are waived, interest should be computed from date of loss. Hartford Ins. Co. vs. Landfare, 63 Neb., 559. Where action may be brought on domestic Ins. Co. Western etc., Association vs. Taylor, 62 Neb., 783; Grand Lodge vs. Bartes, 64 Neb., 800. When liability is denied, action may be brought before sixty days has expired. Modern Brotherhood vs. Cummings., 94 N. W., 144; Anders vs. Ins. Co., 62 Neb., 585. Proofs of loss are admissible in evidence. M. W. A. vs. Kozak, 63 Neb., 146. Foreign Ins. Co., without certificate of Auditor to do busi- ness in Nebraska, cannot enforce contracts in our courts. Conn. Mut. Ins. Co. vs. Hayden, 60 Neb., 636; Barber vs. Boehen, 21 Neb., 450. Occupation tax on Ins. Co. valid. German Ins. Co. vc. City of Minden, 51 Neb., 870. Service of summons on agent good. Bankers Ins. Co. vs. Robbins, 55 Neb., 117. Person taking application is agent of company. State Ins. Co. vs. Jordan, 29 Neb., 514. Local agent may consent to additional insurance or to mortgage of property. German Ins. Co. vs. Rounds, 35 Neb., 752; German Ins. Co. vs. Penrod, 35 Neb., 273. Agreement of soliciting agent to procure insurance, not binding until policy is issued. Farmers Mut. Ins. Co. vs. Gra- ham, 50 Neb., 818. Knowledge of soliciting agent obtained while taking applica- tion is knowledge of company. Home Ins. Co. vs. Gurney, 56 Neb., 306; Phoenix Ins. Co. vs. Holcombe, 57 Neb., 622. 466 A HAND BOOK Knowledge of recording agent is knowledge of company. Home Ins. Co. vs. Bermstein, 55 Neb., 260; Eagle Ins. Co. vs. Globe Co., 44 Neb., 380. Contract of insurance should be construed strongly against company. Conn. Ins. Co. vs. Waugh, 60 Neb., 353. Premium note sufficient consideration for policy. F. & M. Ins. Co. vs. Wyard, 59 Neb., 451. Act of unauthorized person in taking application ratified by Company by accepting same. F. & M. Ins. Co. vs. Wyard, 59 Neb., 451. Where policy is ambiguous, parol evidence is admissible. M. W. A. vs. Kline, 50 Neb., 345. Recitals not contractual not binding. Conn. Mut. vs. Hay- den, 60 Neb., 636. In absence of fraud or mistake, written contract of insur- ance cannot be varied by parol. McLaughlin vs. Ins. Co., 38 Neb., 725. Parol contract of insurance may bind Company. Neb. & Iowa Ins. Co. vs. Seiver, 27 Neb., 541. Policy may be reformed in equity. Cook vs. Ins. Co., 60 Neb., 127; Slobodisky vs. Ins. Co., 52 Neb., 395; Home Ins. Co. vs. Gurney, 56 Neb., 306; Home Ins. Co. vs. Wood, 50 Neb., 381; Pacific Ins. Co. vs. Frank, 44 Neb., 320. Misdescription of property in policy not fatal, and reforma- tion not necessary to recover. Omaha Ins. Co. vs. Dufek, 44 Neb., 241; Phoenix Ins. Co. vs. Gebhardt, 32 Neb., 144. Mutual Ins. Co. may recover judgment for full amount of premium note. Farmers Ins. Co. vs. Wilder, 35 Neb., 572. Where there is breach causing forfeiture, no unearned premium can be recovered by assured. Home Ins. Co. vs. Kuhl- man, 58 Neb., 488; Farmers Mut. vs. Home Ins. Co., 54 Neb., 740. Assignment of policy without consent of Company, voids same. New England Co. vs. Kneally, 38 Neb., 895. In order to cancel policy, Company must notify assured and return unearned premium. German Ins. Co. vs. Rounds, 35 Neb., 752. Member of Mutual Ins. Co. must pay assessments in order to have his policy canceled. Burmood vs. Ins. Co., 42 Neb., 598. Material misrepresentation voids policy. Seal vs. F. & M. Ins. Co., 59 Neb., 253. May prove correct statements to agent by parol, though false statements were placed in written application by agent. German Ins. Co. vs. Hart, 43 Neb., 441; German Ins. Co. vs. Frederick, 57 Neb., 538; Omaha Ins. Co. vs. Crighton, 50 Neb., OF MUTUAL INSURANCE 457 314; Home Ins. Co. vs. Fallon, 45 Neb., 554; State Ins. Co. vs. Jordan, 29 Neb., 514. The difference between warranty and representation stated. Aetna Ins. Co. vs. Simmons, 49 Neb., 811. Statements construed as representations and not war- ranties. M. W. A. vs. Shryock, 54 Neb., 250; Omaha Ass’n. vs. Kettenback, 49 Neb., 842, and 55 Neb., 330. False statement as to title voids policy. Ehrsam vs. Ins. Co., 43 Neb. 554; F. & M. Ins. Co. vs. Hahn, 96 N. W., 225. Encumbrance without consent of Company voids policy. Seal vs. Ins. Company, 59 Neb., 253; Johansen vs. Home Ins. Co., 54 Neb., 548. Forfeitures not favored by court. Phoenix Ins. Co. vs. Holcombe, 57 Neb., 622; Conn. Ins. Co. vs. Jeary, 60 Neb., 338; F. & M. Ins. Co. vs. Newman, 58 Neb., 504; Springfield Ins. Co. vs. McLimons, 28 Neb., 846. Provision that policy shall lapse if premium not paid when due is reasonable and valid. Home Ins. Co. vs. Garbacz, 48 Neb., 827; Phoenix Ins. Co. vs. Bachelder, 32 Neb., 490; 39 Neb., 95; F. & M. Ins. Co. vs. Wyard, 59 Neb., 451; Farmers Mut. Ins. Co. vs. Kinney, 64 Neb., 808. Removal of insured property without consent of Company voids policy. Burlington Ins. Co. vs. Cambpell, 42 Neb., 208. Additional insurance without consent of Company voids policy, but breach may be waived. Home Ins. Co. vs. Wood, 50 Neb., 381; German Ins. Co. vs. Heiduck, 30 Neb. 288; Slobo- disky vs. Ins. Co. 53 Neb., 816. Mortgaging chattels without consent of Company voids policy, but if paid before loss, insured may recover. Johansen vs. Home Ins. Co., 54 Neb., 548, and 59 Neb., 349; State Ins. Co. vs. Schreck, 27 Neb., 527; Omaha Ins. Co. vs. Dierks, 43 Neb., 473. Transfer of title without consent of Company voids policy. F. & M. Ins. Co. vs. Jensen, 56 Neb., 284; 58 Neb., 522. Contract of sale does not void policy. Grable vs. German Ins. Co., 32 Neb., 645. Transfer of property if reconveyed before loss does not void policy. German Mut. vs. Fox, 96 N. W., 652. Transfer by one partner or joint owner to the other, does not void policy. German Mutual vs. Fox, 96 N. W., 652 ; Phoenix Ins. Co. vs. Holcombe, 57 Neb., 622. False statements in proofs of loss do not prevent recov- ery. Springfield Ins. Co. vs. Winn, 27 Neb., 649. Waiver of breach of condition need not rest on estoppel or new consideration. Billings vs. German Ins. Co., 34 Neb., 502;, Home Ins. Co. vs. Kuhlman, 58 Neb., 488. 458 A HAND BOOK Demanding proof waives breach of condition. Home Ins. Co. vs. Phelps, 51 Neb., 623. Waiver must be pleaded and proved. Phoenix Ins. Co. vs. Bachelder, 32 Neb., 490; German Ins. Co. vs. Shader, 96 N. 604. Receiving and retaining premium after knowledge of loss, waives default. Phoenix Ins. Co. vs. Dungan, 37 Neb., 468; Phoenix Ins. Co. vs. Lansing, 15 Neb., 494; Farmers Mut. Ins. Co. vs. Wilder, 35 Neb., 572. Additional insurance will not void policy if agent knew of it when policy was written. Home Ins. Co. vs. Hamang, 44 Neb., 566; Hughes vs. Ins. Co., 40 Neb., 626; Phoenix Ins. Co. vs. Holcombe, 57 Neb., 622 ; Phoenix Ins. Co. vs. Covey, 41 Neb., 724. Mutual Insurance Co. is liable on its note for loss on horse by accident although it has no power to insure against accidents. Farmers Mutual vs. Meese, 49 Neb., 861. Owner of property may testify as to its value. Ins. Co. vs. Bachler, 44 Neb., 549. Meaning of ‘ * totally destroyed by fire. ’ * Ins. Co. vs. Bach- ler, 44 Neb., 549; Eddy vs. German Ins. Co., 51 Neb., 291. Denial of liability waives notice of loss. Omaha Ins. Co. vs. Dierks, 43 Neb., 473; St. Paul F. & M. Ins. Co. vs. Gotthelf, 35 Neb., 351. Provision in policy that notice of proof must be given within 60 days, is valid and must be pleaded and proven, or that same was waived. German Ins. Co. vs. Davis, 40 Neb., 700 ; Western Ins. Co. vs. Richardson, 40 Neb., 1; German Ins. Co. vs. Fairbank, 32 Neb., 750. Recovery may be had on parol contract of insurance. McCann vs. Aetna Ins. Co., 3 Neb., 198; Neb. & Iowa Ins. Co. vs. Seiver, 27 Neb., 541; B. & M. Relief Dept. vs. White, 41 Neb., 547. Validity of provision requiring certificate of character in proof of loss doubted. Home Ins. Co. vs. Hamang, 44 Neb., 566. Provision for examination of insured construed. Aetna Ins. Co. vs. Simmons, 49 Neb., 811. If Company claims proofs are defective, it must return same with specific statement of objections. Union Ins. Co. vs. Barwick, 36 Neb., 223; Home Ins. Co. vs. Hamang, 44 Neb., 566; National Ins. Co. vs. Day, 55 Neb., 127. By denying all liability, Company waives proofs of loss. Phoenix Ins. Co. vs. Meier, 28 Neb., 124; Dwelling House Ins. Co. vs. Brewster, 43 Neb., 528; German Ins. Co. vs. Kline, 44 Neb., 395; Phoenix Ins. Co. vs. Bachelder, 32 Neb., 490, 39 Neb., OF MUTUAL INSURANCE 469 95; Omaha Ins. Co. vs. Hildebrand, 54 Neb., 306; Western Ins. Co. vs. Richardson, 40 Neb., 1; Aetna Ins. Co. vs. Simmons, 49 Neb., 811; Home Ins. Co. vs. Hamang, 44 Neb., 566; Lansing vs. Ins. Co., 93 N. W., 756. Provision for arbitration is void. German Ins. Co. vs. Etherton, 25 Neb., 505; Home Ins. Co. vs. Bean, 42 Neb., 537. Limitation of time to sue different from statute is void. Omaha Ins. Co. vs. Drennan, 56 Neb., 623. Insurance Company that has paid loss, is subrogated to rights of insured against person who caused fire. Omaha etc. Railroad Co. vs. Ins. Co., 53 Neb., 514. May sue where cause of action arose, although Company has no agent in said county. Ins. Co. vs. McLimans, 28 Neb., 653; Bankers Ins. Co. vs. Robbins, 53 Neb., 44. Breach of condition must be pleaded and proved. F. & M. Ins. Co. vs. Wyard, 59 Neb., 451; F. & M. Ins. Co. vs. Peter- son, 47 Neb., 747. Defenses of no proofs of loss and that assured burned build- ing, are not inconsistent. Home Ins. Co. vs. Decker, 55 Neb., 346. (For other laws and decisions, see States, Chapter XXVI.) CHAPTER XXVI. THE STATE AND THE MUTUALS. The following sketches of the conditions of the Mutuals m the several states should be full of encouragement to the friend of co-operation. The variety of methods, the multiplicity of plans and the procedures in the several states will be surprising. That uni- formity, which is the dream of idealists, is far off yet, though the underlying principle, to furnish insurance at cost, is the same in all. The facts show that success is possible with any one of the methods mentioned. It has been remarked by foreigners that the American people can work under any kind of a constitution and any kind of a charter. The Mutuals seem to be endowed with a similar power. They have vitality enough to survive the very worst legislation. No attempt is made in these sketches to give a full account of the mutuals of any state, but only to bring out points of special interest. NO MUTUALS. The officers of Arizona, Montana, Nevada, Utah, New Mex- ico and Wyoming say that there are no Mutual Fire Insurance Companies within their respective jurisdictions. No informa- tion whatever can be obtained from Louisiana. THE SOUTH EASTERN STATES. Mr. M. G. L. Roberts, of Chattanooga, Tennessee, as a re- sult of much effort, has obtained the following information con- cerning Mutuals in the south eastern states. There are three Mutual companies in Kentucky, carrying $10,000,000 insurance and having more than $500,000 admitted 460— OF MUTUAL INSURANCE 461 assets. There are seventeen assessment companies carrying $25,000,000 in risks, and having more than $250,000 in admitted assets. The Mutuals in that state do not seem to be satisfied with the laws. There apears to be over taxation and restrictions of territory. Tennessee has two state Mutuals, the German, of Memphis, and the United States, of Chattanooga, with $25,000 assets and about $2,500,000 insurance. There are also six assessment insur- ance companies, with $10,000 assets and $2,500,000 insurance. The Mutual Insurance laws of Tennessee are not satisfactory to the companies which are limited in territory and in risks. A state association has been formed of which over half of the companies in the state are members and the outlook for im- proved laws in the near future is very hopeful. Alabama has no Mutual Companies and no laws permitting the organization of such companies. Georgia has some ten or fifteen Mutual companies but as they are not required to report to the insurance department no statistics are at hand. All these companies seem to use a mixture of methods, the style of business being somewhat along the joint stock line with a profit sharing feature. They are furnishing a large amount of insurance at cost, thus attaining the object of the Mutuals by a somewhat roundabout process. Doubtless the time will come when the conditions will be more favorable. Florida, like Alabama, has no Mutual companies, and no law permitting the organization of any. Mississippi seems to have two or three, possibly more, Mutual companies, but I have never been able to get hold of any satisfactory reports from that state, either as to the companies, or the Mutual laws. Virginia has several Mutual companies, one or two old, well established, very strong companies. The Insurance Depart- ment of that state does not issue any report so that statistics are not available. West Virginia has a few Mutuals, but they obtain their authority to do business from some county official, County or Probate Judge, and the Insurance Department can give no in- formation about them. North Carolina has several Mutuals, and some mixed, that is, stock or guaranty fund Mutuals. The companies in that state seem to have done fairly well but I have been unable to gather definite information about them. South Carolina has two or three companies, but I cannot get statistics. Since this was written several localities have 462 A HAND BOOK taken steps to organize mutuals but only two or three have begun business and of these no particulars can be learned. ARKANSAS. Arkansas reports several Mutuals which seem to be doing a very good business. Their assets and risks are as follows : Premiums notes $ 162,307.88 Cash and other assets 91,257.66 Total assets 253,565.54 Total risks 11,482,372.00 or, $2.20 on the $100. A new Mutual is reported, the Dixie Mutual Fire, at Helena. There are also five Farmers’ Mutual Aid Societies with total risks of $339,759.00. These are said to be giving good satisfac- tion. The total Mutual risks amount to $11,822,131.00. In all there have been two failures in the state. The laws of Arkansas have some peculiarities, and the Mutuals of the state hope for changes. At present they are' hampered by troublesome restrictions and compelled to follow too closely in the footsteps of the old line companies. C. S. Collins of Little Rock furnishes the following: When the Anti-Trust Law passed the Legislature last spring, after determined opposition lasting through years, not only on the part of the Trust Magnates, but especially in the face of the active opposition of the Old Line Insurance Com- panies; those companies as usual taking the lead as the repre- sentatives of all other trusts, resorted to their usual tactics and through their retained attorneys sought to defeat the law in the courts. Having failed they withdrew from the state and have been constructing subterfuges whereby they can hold on to the business by organizing dummy Stock Companies in the state, and reinsure their work out of the state and thus, by indirec- tion, do the business. In this procedure, as might be expected, the same old methods of slander and opposition have been re- sorted to in almost every conceivable form in order to destroy the credit not only of the Mutual Companies but every form of local organization, for these gentlemen deny the right of any people to do business except by their permission, and thereby prove conclusively their adherence to the spirit of monoply. In the meantime, another enactment (procured largely by the stealthy influence of local representatives of the Old Lines) has prevented the multiplication of Local Mutuals by making it too burdensome on individuals. The old companies have pushed business and have largely increased in volume, while OF MUTUAL INSURANCE 463 quite a number of Local Stocks have been formed and between them the business demand is being quite as well taken care of without the down East and European jumbos as it was with them. Rates have been somewhat lowered all over the state. It is a singular fact, observable not only in Arkansas but in every other state where effective legislation has been attempted to curb the rapacity of Commercial combinations, the Insurance question has been used through the Jumbo Companies as a club to terrorize the people and prevent them from doing anything that means anything but some 1 1 make believe ”. As a matter of fact the insurance question is not the leading question in the law. It only attracts attention and produces that impression by the roar set up by the pigeon stools. As a matter of fact the Arkansas Anti-Trust Law, while awkwardly drawn, means something; and, if made 'a model and improved upon by all other states, would put an end to Trusts, or land a few thousand big thieves in the penitentiary instead of pretending to execute law against crime by sending Cuffy to the rock pile for stealing a pig when hungry. The section in it making it a crime for any corporation or person to use money criminally to break down competition by selling under cost, suggests the Standard Oil and beef trusts and is worth its weight in gold and worthy of emulation in every state where the people hate such cruel and disreputable methods. CALIFORNIA. California has ten Mutuals which at the date of the last attainable report, had at risk $6,619,588, an enormous gain over the previous figures, and under the circumstances, remarkably encouraging. The Mutuals in California are hampered by adverse legisla- tion and annoyed by unfriendly officials. Nevertheless they are growing in business at a rapid rate and there are movements which will result in the forming of new companies. There is a complaint of high rate charged by other companies. A law, somewhat friendly to the Mutuals, was passed at a session of the legislature sometime since, but was promptly vetoed by the Governor. That state of affairs will not last long. The Mutuals are rapidly increasing in strength and will soon overpower the opposition. COLORADO. The Superintendent’s report for 1904 gives the following figures : There are seven Mutual Fire Insurance Companies with a total risk of $8,466,776. The average premium rate for all 464 A HAND BOOK companies was $1.49, for Mutuals $1.20, showing a decided advantage in economy for the Mutuals. Conditions are not yet favorable in all parts of the state. There is but one purely Farm Mutual, and it is doing but a moderate business. Many of the counties of Colorado are rather sparsely settled and while the best farms have good buildings there are regions where many structures are makeshifts to be replaced by substantial structures in the future, that is, if the mine holds out. Year by year, the conditions in Colorado are improving. The Mutuals are increasing their business, and while county mutuals are yet in the future, the State Mutuals are answering the purpose perfectly well. Insurance companies must not take any one risk exceeding five per cent of their paid up capital. The superintendent recom- mends the carrying of reserves by all companies. The legisla- tion relating to Mutuals consists of two or three paragraphs. The workings seem to be controlled by the general corporation laws of the state. CONNECTICUT. This state has at the present time, sixteen mutual com- panies. One of the number, the Middlesex Mutual of Middle- town is licensed to do business in the state of Massachusetts. There are only four that write outside of their own immediate locality, as follows: Assets Surplus Hartford County Mutual $932,901.00 $834,157.06 Litchfield Mutual 110,504.42 48,224.63 Middlesex of Middletown 907,282.06 681,295.89 New London County Mutual 222,876.40 149,948.42 Others have been fairly successful in their limited territory. The total amount at risk in Mutual Companies in this state is $106,037,079. The total assets are $2,283,318. All of these companies write on a cash premium basis but do not pay divi- dends to the policy holders as do Massachusetts Companies. In most cases their rates are the same as stock companies, although in a few localities there is a slight differential rate in their favor, by agreement with the stock companies. These com- panies confine their underwriting to the following classes: Dwellings, private stables and farms, with the exception of the Middlesex and New London, which occasionally write small lines on mercantile buildings. The Mutual Assurance Company of the city of Norwich was chartered in 1795 and is still doing business, and it is stated that its first policy is still in force. The laws of Connecticut OF MUTUAL INSURANCE 465 are fair and reasonable, being the result of many years experi- ence. As all Companies are chartered by the General Assembly and each is governed by the peculiar provisions of its own charter, there is very little in the statutes especially relating to Mutuals. These organizations seem to be doing a steady and success- ful business. DELAWARE. Delaware is one of the banner Mutual states. The follow- ing are the statistics. 5 Mutuals, one of which operates in another state, all old established. 4 Joint Stock companies, three only reported, one a new organization. 5 Mutuals, total assets $ 2,754,669.36 5 Mutuals, total risks 26,805,490.08 3 Stock, total assets 404,208.77 3 Stock, total risks 5,847,997.00 Assets per $100, Mutuals, $10.68; Joint Stock, $5.85. Oldest Joint Stock 1870. Youngest Mutual 1877. From this it will be seen that the Mutuals are far in the lead. They appear to have been chartered for periods of years by the legislature. These charters have been renewed from time to time as they expired. The insurance laws are fair. They are very few restrictions on the Mutuals. The Farmers’ Fire Mutual of Wilmington gets all its busi- ness through its directors and the plan works well. They take deposit notes, five per cent of which is annual premium. They appear to have all the business they care to handle. They have never assessed a deposit note beyond the annual premium. The New Castle Mutual Insurance Company does business along the same line and is fully as successful. They do not solicit business, they get all they want without. They say “Mutual Insurance has been very successful in this state. We have two companies' in this city. Both have been in business fifty-five years. They have the cream of the business, their annual profits average about twenty-five perecent to the policy holder. There never has been a failure of a Mutual in the state . 9 1 These companies use their charters as constitutions and by- laws, what is lacking is supplied by the general corporation laws of the state. 29 466 A HAND BOOK There are three other Mutuals, one of which is under con- trol of the Patrons of Husbandry. Their statements all show a good business. Delaware has a valued policy law but it does not seem to produce the desired results. One correspondent calls it a nuis- ance. IDAHO. Idaho has three Mutuals. The Bingham County Farmers ’ Mutual of Idaho Falls, total risks about $50,000, the Farmers ’ Mutual Fire Ins. Co., of Lalah County, of Troy Idaho, risks about the same. Both of these are county Mutuals, and have increased their risks since this was written. There is also the Idaho Mutual Co-operative Insurance Company of Boise, Idaho. This has over a million at risk. W. R. Hyatt, the Secretary, writes as follows: “Our Company, which was organized on the 10th day of May, 1903, has proven a decided success. We have now over one million at risk and have paid in the neighborhood of $5,000 losses since the first of January and met all of our expenses promptly, all of which we have done on 50 per cent of the board rate which we collect at the time the insurance is written. We have not levied an assessment and do not anticipate that we will have to in the near future. “We have organized under a special law passed two years ago by our state legislature which permitted our organization, which law, by the way, is one that was formed by a committee of your National Association and which was brought here from the office of the Farmers’ Mutual Insurance Company of Lin- coln, Nebraska. “We have just been successful in the Supreme Court in a suit which we brought to establish our position in regard to the payment of 2 per cent tax on the gross receipts of the com- pany, less the losses and returned premium, which is imposed upon all other insurance companies under the general insurance laws of the state. We, however, were successful in the case and the Supreme Court held that we did not have to pay the tax . 9 9 THE NEW LAW. An act to authorize the organization of Mutual Co-operative Insurance Companies to insure both personal and real property against loss by fire, lightning, tornado, cyclone, windstorm, hail and the fidelity of persons and to regulate their conduct. Be it enacted by the legislature of the state of Idaho. Section 1. Organization. Any number of persons residing in this state who own personal or real property of not less than OF MUTUAL INSURANCE 467 $100,000, in value which they desire to have insured may asso- ciate themselves together for the purpose of mutual co-operative insurance against loss by fire, lightning, tornado, cyclone, wind- storm and the fidelity of persons, and form an incorporated company for such purposes and issue policies. Such companies shall embody the words “ Mutual Co-operative ’ ’ in its name. Section 2. Recording. The articles of incorporation of such company shall be filed with the Insurance Commissioner for examination. If by him found to be in accordance with the provisions of this act, and the name of such company is not similar to the name of any other insurance company organized in this state, he shall thereupon deliver to such company a certi- fied copy of the articles of incorporation, which on being record- ed in the office of the Recorder of the County where the prin- cipal office of such company shall be located, and a copy thereof, certified by the County Recorder, filed with the Secretary of State. The Secretary of State must then issue to the corpora- tion, over his official seal, a certificate that a copy of the articles containing the required statement of facts has been filed in his office; and thereupon the persons executing the articles, and their associates and successors, shall be entitled to transact business and issue policies of insurance under the corporate name stated in the articles, and for the term of fifty years, un- less it is in the articles of incorporation otherwise stated, or by law otherwise specially provided. A copy of any articles of incorporation filed in pursuance of this act and certified by the Secretary of State must be re- ceived in all courts and elsewhere as prima facia evidence of the facts therein stated. Section 3. Members. All persons and corporations, muni- cipal or otherwise, who effect insurance in any company organ- ized under the provisions of this act shall thereby become mem- bers of such company and continue to be during the period their insurance is in force and no longer. All persons so insured shall give their obligation to such company in an application binding themselves, their heirs, executors, administrators, suc- cessors or assigns to pay all legal assessments made upon them by such company. They shall also at the time of effecting insurance pay such an amount in cash as is provided for in the by-laws, but no Company shall organize or transact business that does not provide for a reasonable amount of cash to be paid down at the time the insurance is taken in proportion to the risk that is to be carried. The application of any corpora- tion or municipality for insurance in any company shall be signed by the officer or officers authorized to sign ordinary con- tracts of such corporations or municipalites. A HAND BOOK 468 Section 4. Meetings. An annual meeting of such Company for the purpose of electing directors as provided in the articles of incorporation, shall be held in each year at the principal office of such Company of which all members shall be notified in such manner and form as the by-laws shall provide. Special meetings may be held by order of the president upon the written request of a majority of all directors with a like notice. Each member may vote by ballot for as many persons as there are directors to be elected. Section 5. Directors. The Number of Directors shall not be less than six or more than twelve. Of those elected at the time of the organization of such Company, one-third shall be elected for one year, one-third for two years and one-third for three years. At each annual meeting thereafter a number equal to one-third of the whole number of directors shall be elected, for three years or until their successors are elected and qualified. Such directors are to manage the affiairs of the Company. Vacancies in the Board of Directors may be filled by the remain- ing directors, and such Board of Directors, or a majority of them, when legally convened at the principal office of the Com- pany shall be competent to exercise all of the powers created by this act. Section 6. Officers. Immediately after their election the Directors must organize by electing a President, who shall be one of their number, a Secretary and a Treasurer. They shall perform the duties enjoined upon them by law and the by-laws of the corporation. Such officers shall receive such compensation and give such bonds as the by-laws provide or the Board of Directors deter- mine. The Board of Directors shall have power, by two-thirds vote, to remove any officer for just cause. They shall also fill any vacancies that may occur from any cause. Section 7. Agents and Employees. The Directors of such Company may appoint agents, clerks, adjustors and other em- ployees, allowing them such compensation and exacting from them such bonds as the Directors may deem proper. The Board of Directors may appoint an Executive Committee to whom they may delegate the minor powers and authority vested in such Board. Section 8. By-Laws. The members of such Company or the Board of Directors, as may be provided in the Articles of Incorporation, shall make such by-laws not inconsistent with this act as they may deem necessary for the management of such Company. All amendments of the by-laws shall be fur- OF MUTUAL INSURANCE 469 nished to the members in such manner, form and time as the by-laws shall provide. Section 9. Suits At Law. If any member of such Company for a space of thirty days after the written or printed notice of assessment has been mailed to him or her, post-paid, and direct- ed to the post-office as stated in the application for insurance, or as the same may have been thereafter changed to and record- ed with the Company, shall neglect to pay the sum assessed, such Company may sue for and recover such amount and costs. Suits at Law may be brought against such company by a, mem- ber or members thereof for loss sustained if payment is with- held after such loss becomes due. The officer or officers of such Company who shall willfully neglect or refuse to perform the duties imposed upon them by the provisions of this act, shall be liable in their individual capacity to the persons sustaining such loss. Section 10. Territory. It shall be lawful for such Com- panies to insure property only within this state until such time as such Company shall have at least $5,000,000.00 at risk, and then the Board of Directors may determine in what state or states, other than the State of Idaho it shall do business and apply for admittance to such other state or states. Any Mutual Co-operative Insurance Company organized under the law of any other state similar in form and in substance to this act may be admitted to do busi- ness in this State by the Insurance Department of the State upon making a showing that they are legally incor- porated under the laws of their own state and have complied with the conditions of such law, have at least $5,000,000.00 of insurance in force, and the proper Insurance Commissioner of such state shall certify that he believes such Company solvent, doing a good business, officered by men of integrity and stand- ing, and he believes they are entitled to the confidence of the public, and upon such Company procuring a request and applica- tion for membership of one hundred persons, citizens of this state having property that they desire to have insured, and paying a fee of $25.00 to the Insurance Commissioner of this state. Provided always that the Insurance Commissioner and the laws of the state, where such company applying for admission is domiciled, shall grant to the Mutual Co-operative Insurance Companies of this state, organized under this or similar laws, like rights and privileges under in substance the same rules and restrictions. Section 11. Policies. Such Companies may issue policies on all kind of insurable real and personal property as herein 470 A HAND BOOK provided against loss or damage by fire, lightning, tornado, cyclone and windstorm and the fidelity of persons for any length of time as may be determined upon by such Company in its by- laws. It shall not issue policies on any one risk or hazard to exceed $1,000.00 until there is $300,000.00 insurance in force, when policies of $2,000.00 may be issued; or issue policies for more than $2,000.00 on any one risk until there is $1,000,000.00 insurance in force, when policies of $3,000.00 may be issued; or issue policies for more than $3,000.00 on any one risk until there is $2,000,000.00 insurance in force, when policies may be issued in the discretion of the Company. Provided no real property shall be insured for more than three-fourths its value. Should the amount of insurance decrease below any of the figures above enumerated, the amount of the policy must be correspondingly reduced upon its renewal or within three months from the time that the amount of insurance falls below the foregoing figures. All policies shall be signed by the president and secretary, and each policy holder shall be furnished with the by-laws of the Company. Should the amount of insurance of any Com- pany created under this act decrease below $100,000.00, the president of such Company shall at once call a meeting of the members to consider the matter of disorganizing. Section 12. Assessments. All assessments shall be deter- mined by a proper classification and rating of the property insured, so that each member will be assessed according to the greater or less risk of the property insured to the hazard in- sured against. An assessment may be made on the members due and pay- able within thirty days thereafter to enable the Company to provide for loss and expenses necessary in the conducting of its business whenever the Board of Directors so determine. No assessment shall be made on a member for liabilities incurred prior to his or her membership. Any member may be excluded from the benefits of insurance during all the time in which he or she may be in default of payment of an assessment, and the acceptance of such assessment after the same has once become delinquent shall not in any manner make the Company liable for any loss or damage that may have occured during the period that such policy was suspended. Any member shall not be liable directly to any other member for such other member’s loss or damage, but the liability of a member shall be solely and exclusively through the channel and process of an assessment and the amount of such assessment shall be only his pro-rata share in proportion to the amount of insurance carried and the rate on the same of all losses and expenses, making reasonable OF MUTUAL INSURANCE 471 allowance and deduction for uncollectible and unpaid assess- ments. Section 13. Payment of Losses. Losses shall become due and payable in sixty days after their adjustment. Said adjust- ment shall be made within sixty days after losses occur. Section 14. Arbitrators. In the event of a dispute between the Company and a member respecting whether there has been a loss, and the adjustment of the same, the matter shall, at the request of the Company, or such member, be submitted to arbi- trators, one of whom shall be selected by the Company and one by the member, and such two so chosen shall select a third, all of whom shall be disinterested and shall take and subscribe to an oath to that effect. A decision of a majority shall be final and binding on all parties. Section 15. Cancellation. Any member of such Company may withdraw therefrom at any time by giving the Company notice thereof in writing and paying his or her share of all claims or liabilities for losses or expenses then existing against the Company, surrendering his or her policy and paying such cancellation fee as may be provided, not exceeding $1.00; and the Board of Directors may provide, in case the sum collected at the time the member takes out insurance is such as to justify for a reasonable short rate return premium, and the action of the Board of Directors in that respect shall be final ; but no member, his or her heirs, executors, administrators or assigns, can avoid liability to such Company for their pro rata share of the unpaid claims against the Company accuring while a member. Such Company may for good and sufficient reasons apparent to it, cancel any policy by giving the member notice to that effect and releasing him or her from further assessments and thereupon such member shall send in his or her policy to the Company. Section 16. Bodies Corporate. Such Companies shall be deemed bodies corporate with succession and shall possess the usual powers and privileges and be subject to the usual duties of corporations within the liminations of this act, and such corporations may purchase, own, hold, lease, encumber, and convey such real estate severally or jointly with others as may be necessary for its present and prospective use as offices and place of business. Section 17. Annual Statement. It shall be the duty of the president and secretary to prepare annually, under oath, a full and complete statement of the condition of the Company on the 31st day of December each year, and present the same at the annual meeting of the members. Section 18. Certificates. It shall be the duty of such Com- pany to file an annual statement with the proper insurance 472 A HAND BOOK department of this state not later than the 31st day of January of each year, on blank furnished by said insurance department. Such department, if it thinks necessary, or one deputized by it, having no interest in an insurance company and unprejudiced, may make an examination into the affairs of such company and for such purposes shall have access to all the books and files of the company, and may examine the officers and other wit- nesses under oath. If such Company is doing business in accordance with and under the provisions of this act, is solvent and properly managed, the insurance department shall furnish such company and its authorized agents a certificate stating that such Company has complied with the provisions of this act and is authorized to do business for the ensuing year unless certificate is sooner revoked. If upon such examination it shall appear to such department that the condition of such Company does not justify its continuing in business, it may apply to the District Court of the County where the principal office of such Company is located for an order requiring such Company to show cause why it should not be closed. For examining the Company’s annual report and issuing certificate it shall be paid $ and for each agent’s certificate $ Section 19. Penalties. It shall not be lawful for any com- pany or agent to do business without authority given them by the Insurance Department. Any person who shall act or at- tempt to act for or on behalf of any company in any capacity as agent, officer or otherwise, in the procuring or attempting to procure or solicit business without said Company having first complied with the provisions of this act, (except soliciting the original signatures to the articles of incorporation and applica- tions for membership necessary to organize a company), shall, on conviction thereof, be found guilty of a misdemeanor and be fined in any sum not exceeding $500.00 or committed to the county jail not exceeding six months, or both such fine and imprisonment. Section 20. Accepting this Act. Any mutual company now doing business in this state under any of the provisions of the law thereof, with the written consent of a majority of the mem- bers, may accept the conditions of this act and thereupon be governed by it. Before such company shall be entitled to the benefits of this act, it shall file with the Insurance Department its articles of incorporation and by-laws and record a certified copy thereof as provided in Section 2 of this act. Section 21. All acts and parts of acts in conflict with the provisions of this act are hereby repealed in so far as they effect any Company or Companies hereafter organized under or taking advantage of this act. OF MUTUAL INSURANCE 473 Section 22. Whereas an emergency exists this act shall take effect and be in force from and after its passage and ap- proval. F. L. Armstrong, State Agent, writes as follows: In regard to the matter of getting our law through, will say that while the present management of our company were the only ones who worked on the bill in the Lobby of the Sev- enth Legislature, nevertheless, Judge Coffin deserves great credit both for his service in drafting the law, and also for his assistance in securing the signature of the Governor for the same. The Judge rendered us every possible assistance in his power and would have done more, had it been necessary. He very thoughtfully telegraphed the Governor requesting his signature to the bill, which fact, I think, was of very great assistance to us. He is ever ready to advise us and assist us in every way possible since our organization and that we feel very grateful to him for the same. At the National Convention of Mutual Insurance Companies held in Indianapolis the Legislative Committee who had in charge the drafting of a law which it was proposed to pass in the various states reported fully. And thereafter the State of Idaho during the session in 1903 passed a statute which is nearly identical with the law proposed by the National Conven- tion. ILLINOIS. The report of the State Superintendent for 1904 gives the following statistics of the Mutuals. 12 District Fire Companies, total at risk $ 24,361,468.44 53 County Fire Companies, total at risk 58,163,410.54 144 Township Fire Companies, total at risk 92,475,710.32 Total $175,000,589.30 4 County Windstorm Companies $ 779,894.00 7 District Windstorm Companies 9,439,623.00 Total $185,220,106.20 There are also 11 State Mutuals with risks of $91,655,343.60 Total $276,875,449.60 THE ILLINOIS MUTUAL SYSTEM. Illinois has no distinctive mode of operating different from that of most of the central western states, so that while I speak more directly of Illinois, yet what is said of our great prairie state, will apply to a large proportion of the companies of the middle west. 474 A HAND BOOK In Illinois we have at present 214 Farmers’ Mutual Com- panies, besides some eight or ten Mutuals whose business is limited to some special industry. Of the Farmers’ Mutuals some ten or twelve are organized under special charters granted directly by the Legislature. All the others are operating under some one of the special acts of the Legislature. To understand the peculiarities of these statutes, it must be remembered that every act or amendment thereto, has been secured by the Farmers in a contest with the lobby of the old line companies. And it has been only an occasional session that would grant us anything, and even then it would be in a compromise or trade. The line of attack of the Old Line Lobby, when they saw that we were to be favored with favorable legislation, would be to so restrict our territory or the functions of the company, as to make them failures, or of little consequence. In spite of this organized opposition, we have secured a fairly good code of laws, and our growth and present standing in public esteem, under such unfavorable circumstances is really phenomenal. The very limitations and restrictions placed on the farmers Mutuals, has made them more purely mutual than can easily be found under any other system that I know of. The form of law most usually used is what is known as the “ Township Mutual Insurance Act.” Under this act any number of persons not less than twenty-five, and having prop- erty aggregating not less than $50,000 which they desire insured, and located in not exceeding twelve townships, may organize and conduct an insurance company on the assessment plan. Such company must confine its business to farm property, farm churches, school houses and town halls. The term of insurance cannot exceed five years. Power is given the direc- tors to levy assessments, prorata, on their members for actual losses and legitimate expenses only. And it is made obligatory on them to do so. No provision is made for the creation of a permanent fund, and under its operation no fund of any magni- tude can be accumulated. The whole capital stock of such companies consists of their power to levy assessments on their members for actual expenses and losses. A sworn report is re- quired to be made once a year to the Superintendent of Insur- ance as a condition for the renewal of license to do business. These are the distinguishing features of the “Illinois Plan,” and while the plan has its disadvantages, it also has much that may be said in its praise. It would be hard to con- ceive of a more purely mutual plan. Its management is along simple democratic lines, its members all have a vote in propor- OF MUTUAL INSURANCE 475 tion to their insurance. There is no temptation for treasurers to abscond, or officers to conspire to defraud. Every member may know where every cent collected goes to, both from the Secretary’s annual report to the Company, and from sworn report to the Superintendent of Insurance, which is published for general circulation. A. T. STRANGE, Walsh ville, Illinois. INDIANA. The progress of Mutual Insurance in Indiana is retarded by restrictive laws. Laws will probably be passed allowing the Mutuals to cover more territory and also requiring them to re- port to the State Department of Insurance. Then the disadvant- ages of the present chaotic condition will be done away with. The companies are all doing good work but their sphere of use- fulness should be extended. The Indiana Mutuals have a wide awake and effective state organization. Its membership is not what it should be. This Is to be accounted for by the fact that many of the Indiana Mutuals are old established and successful. They cover their field, do all the business they wish and give excellent satisfac- tion. They have very little need for outside help and do not care to trouble themselves about state conventions and such matters. While this is true, if all the Indiana Mutuals were allied the working force of the state would be materially strengthened and the influence in favor of co-operation would be greatly increased, and their combined force would enable them to procure almost any legislation they desired. Some of the companies have a novel feature, and one that is evidently useful. They issue to members a short time insur- ance on harvested crops. Some companies have a special policy and others use slips to be attached to the policy already in force. In either case, they run as long as needed and then a settlement is made with the company. Many companies are not even incorporated and cannot sue and be sued, but all seem to be successful and no failures among them have been heard of for several years. A number of the Farm Mutuals of Indiana are old organiza- tions and are still working under their original charters. There seems to be very little uniformity. Mr. H. L. Nowlin, of Law- renceburgh, the Secretary of the Farmers’ Mutual Insurance Companies Union of Indiana says: “I send you by this mail a report of the last annual meet- ing of our State Ins. Union and also a list of all the companies 476 A HAND BOOK in the state who do not belong to the Union so far as I have been able to ascertain. No reports are made to any authority of the state and I know there are fully twice as many Mutual Com- panies in Indiana as I have on this list. I have exhausted every means that I know of to secure names of companies but have failed in part. Companies are organized in so many different ways and have so many methods that I can give you but little information. ’ ’ The report contains statistics of twenty-five companies hav- ing a total risk of nearly forty-eight millions. It is an inside estimate that this is only a fourth of the Farm Mutuals insur- ance of the state. The Class Mutuals have over thirteen millions at risk. IOWA. Iowa is another state in which the Mutuals are steadily absorbing the fire insurance business at a rate which will soon bring them to the front rank. The Mutuals of Iowa have made a stubborn fight and have made good progress. They have been annoyed by misrepre- sentation from the opposition and by the odium arising from counterfeit mutuals at home. But their tribulations are past, and the Mutuals now have the confidence of the people and are getting their business. The following from the address of the Hon. J. A. Swallow, before the State Association of Mutual Insurance Companies, November 1904, is an excellent account of conditions in Iowa. At the present time there are 154 county mutuals, 19 state mutuals doing a fire business, three state mutuals doing a tornado business, thirteen mutual hail associations, and one association insuring plate glass against accidental breakage other than fire ; thus we see that we have in this state 190 incor- porated mutual insurance associations operating under Chapter Five of the Code. From President Brook’s address which he delivered before this association last year we are permitted to quote that in 1888 the insurance in force in mutual associations in this state amounted to $49,735,098, and that in that year there were 105 associations in the state. When we compare this with the 190 associations in the field this year we wonder whether this great increase of associations is able to carry the amount of insur- ance in proportion. We find by the last auditor’s report that the amount of insurance in force in strictly mutual associations OF MUTUAL INSURANCE 477 had increased from $49,735,098 in 1888 to $392,698,481 and that the average amount carried in 1888 by each association was $474,384, while on January 1, 1904 the average amount carried by each association was $2,082,624. This was a phenomenal growth and one that every mutual man in the state may feel proud of. Taking our auditor’s report as our authority and elimin- ating the county associations that write Tornado and those that write Hail business and we find that the average cost of county associations writing nothing but a fire and lightning business has been a little less than two dollars per thousand of insurance each year. Taking this as a basis it is safe for us to estimate that the members of the county associations have saved $525,000 each year and as the state associations have cost but 75 per cent of board or stock company rates the members of mercantile mutuals have saved $117,000 making a saving to members in one year of $642,000. Mr. Swallow also writes that twenty companies have organ- ized as stock mutuals in this state; At the present time five of them are still doing business under that law; four have re- organized as Capital Stock Companies, and eleven have failed; Three companies organized under Chapter Five but did a Chap- ter Four business and these have also failed ; two of the mutuals that were organized under Chapter Four and that are still doing business under that chapter are making strenuous efforts to change to stock companies; There have been twenty-five Capital Stock Companies organized in this state with capital to the amount of $2,800,000 ; of these twelve are still in business while thirteen have failed and quit business, those that failed represented a capital stock of $1,600,000. As we noticed before three Companies organized under Chapter Five but did a chapter four business, these companies were The Iowa Mutual Fire of Des Moines; Mutual Fire of Des Moines; Millers and Manufacturers Mutual of Des Moines. The Fremont County Mutual with headquarters at Ander- son commenced an organization and issued policies before they had sufficient insurance in force and were compelled to quit business. The Montgomery Mutual of Red Oak also commenced business in the same way and had the same ending. The case of Weiderman vs. The Montgomery County Mutual was an out- growth of this association. There have been organized (aside from those enumerated above) 154 County mutuals, 19 state mutuals doing a fire busi- ness, three state mutuals doing a tornado business, thirteen mutual hail associations, and one association insuring plate 478 A HAND BOOK glass against accident. All these associations are still in the field and doing a good healthy business. We have often made the statement (and it has never been contradicted), that there has never been a failure of a strictly mutual association in this state, organized and operated strictly under the law of Chapter Five of the Code. With such a record we can see no good reason why other states should bar mutual associations from doing business. KANSAS. 16 Mutual Fire, Lightning and Tornado Insurance Companies, risks $ 60,268,230 13 Mutual Hail Companies, risks 4,114,287 Total risks $64,382,517 The early days of Kansas were days of storm and of war. It may be said that she succeeded in advertising herself in every civilized country in the world. Those who took up claims or went into merchandising were generally too busy to pay much attention to outside matters, and so the schemers had full sway, checked only by an occasional dose of frontier justice, admin- istered when conditions became intolerable. Charters were issued by the thousand. Some of these institutions were well planned, many were theoretical ventures, and some were pure frauds. The early history of insurance in Kansas, is colored with the same tint. Nearly every kind of insurance has been tried at sometime or another, and like the companies in other lines some have been successful and others have failed or re- tired. Sixteen Mutuals and two joint stock companies, one of which was organized last year, still survive. The record of insurance, is, however, no worse than that of organizations in other lines. The Guarantee Fund, as originally provided, was not ac- ceptable to the Mutuals. It was practically a joint stock annex. At the session of 1905 this law was amended as follows: Section 1. “Section 1 of Chapter 130 of the Laws of 1885 is hereby amended so as to read as follows: Section 1. Any Mutual fire and tornado insurance company organized under the laws of this state, having done business not less than two years and having at least one million dollars at risk, and prem- ium notes amounting to not less than twenty-five thousand dollars, may for the better protection of its policy holders create a guarantee fund, with the privilege of increasing it from time to time.” OF MUTUAL INSURANCE 479 Section 2. “Section 2 of Chapter No. 30 of the Laws of 1885 is hereby amended to read as follows: Section 2. Any such insurance company may create such a guarantee fund by setting apart not more than fifty per cent of the excess of its funds over and above the ten percentum reserve required by law and the amount of all current liabilities for losses and ex- penses, and such funds shall be invested in mortgages on real estate worth at least double the amount loaned thereon, or in the bonds of any county, school district, or incorporated city issued under the laws of this state at their market value, or in United States or state bonds at their market value. The guar- antee fund of mutual companies shall be liable for the claims against the company only after all other resources have been exhausted. Section 3. “Section 4 of chapter 130 of the Laws of 1885 is hereby amended so as to read as follows: Sec. 4. Mutual fire and tornado insurance companies having a guarantee fund as provided in this act to the amount of twenty-five thousand dollars may issue policies of insurance against loss or damage by fire, lightning, tornadoes, and cyclones, on dwellings, barns, sheds, outbuildings, hay, grain, wool, and other products, cribs and their contents, live stock, wagons, carriages, harness, farm implements, machinery, furniture, household goods, wearing apparel, provisions, musical instruments, and libraries, being upon farms as farm property, or in dwellings, or in accom- panying outbuildings, that constitute detached risks in towns and villages; but shall issue no policy to exceed three thousand dollars on and in any one building, or buildings that are exposed one by the other, and situated in the state of Kansas. A de- tached dwelling as understood in this section shall be construed to be a dwelling not nearer that five feet to any other building. Mutual companies having a guarantee fund of one hundred thousand dollars or more may issue policies of insurance on the above described kinds of property situated in or out of the state of Kansas. ’ ’ Section 4. “Section 5 chapter 130 of the Laws of 1885 is hereby amended so as to read as follows: Sec. 5. Mutual fire and tornado insurance companies having a guarantee fund of not less than twenty-five thousand dollars may accept in payment of premiums on their policies cash or time notes pay- able at such time and place as provided in said note or notes, payable in assessments, but the members of said companies shall not be liable to the companies or any other person to ex- ceed the amount of their premiums or premium notes and inter- est due thereon.’ ’ 480 A HAND BOOK Mutual Live Stock Companies are also provided for. Hail companies pro rate when the premiums are not suffic- ient to pay the losses. The state has a valued policy law. MAINE. The conditions of Mutual insurance in the State of Maine are the most peculiar of any state in New England, inasmuch as it has practically no insurance companies that are writing a general business- such as the Mutuals in the other New England States are doing at present. December 31st, last, there were 49 mutual companies organized or incorporated under the laws of the state of Maine, transacting business in that state. The history of domestic mutual fire insurance companies in Maine has been that when they confined their business to a limited area, usually one or two towns, or sometimes part of several towns, and the business has been under the supervision of a Board of Directors scat- tered over this territory, the companies have been successful and prosperous, while disaster has overtaken practically every company that has attempted to do a general business by agencies. Three of the 49 companies mentioned are what is commonly known in Maine as “Grange” companies, for the reason that their membership is confined to the members of the Order of the Patrons of Husbandry. Two of these companies are doing a general business throughout the state, while the third and the new company, I think, confines its operations practically to Aroostook County. They are all doing a successful and prosperous business. The Mutual Fire Insurance Company of Saco has a surplus of about $90,000, and does business on substantially the same rates as the stock companies. I have the impression, however, that its business is confined exclusively to real estate, and that no personal property is, under any circumstances, insured. The Dirigo Mutual of Gorham is writing a portion of its business upon what is called the cash plan, charging substanti- ally the same rate as the stock companies, and taking a premium note for an equal amount. This company has been in operation but a few years and has written a large volume of business, practically all of which, until within the past year, has been upon the note plan. Under the Maine law a company must take a premium of at least 5 per cent, and such part of it as the directors may determine must be immediately paid and endorsed thereon, unless the company elects to charge a stock rate and CHAS. S. GRISSEN, McMINNVILLE, OREGON. Mr. Grissen is the President of the Oregon Fire Relief Asso- ciation. It has been in existence long enough to be thoroughly tested and has now the confidence of the people of Oregon. It is Mr. Grissen’s pride and to it he is devoting the energies of his life. J. Y. M. SWIGART, LINCOLN, NEBR. Mr. Swigart first engaged in Insurance work in Iowa. In 1891 he organized the Lancaster County Mutual, in Nebraska and la- ter the Nebraska Mutual and became the secretary of both. In 1897 the town law was passed and the Dwelling House Mutual was launched with Mr Swigart for secretary, he having retired from the County Company after six years of faithful service. Mr. Swigart is now retired, but has not lost his interest in Mutual Insurance. OF MUTUAL INSURANCE 481 take a premium note for an equal amount, in which case it is required to maintain as reserve 50 per cent of the cash prem- iums on its policies in force. The bulk of the business trans- acted by these companies in the state of Maine is therefore upon what is known as the premium note plan. These notes vary in amount from 5 per cent to 15 per cent, seldom, however, running over 10 per cent. The principal source of revenue of these companies is their policy fees, the cash premiums or per- centage of the premium note which is paid at the time the policy is issued, and their assessments upon the notes of such amounts as are necessary to pay the losses and expenses. Patrons of these corporations are securing their insurance at surprisingly low rates, and, as indicated in the opening of this communication, the business has usually been success- fully conducted. Some of the companies transacting business on the note plan have not made an assessment upon the policy- holders for more than fifteen years. These companies, December 31, 1904, had at risk, $9,381,880. They collected during the year in cash premiums, $35,680.38 and for policy fees, $3,370.30. They assessed their policy holders, $59,668.64, and losses paid were $79,277.62. MARYLAND. Corporations, in Maryland, are organized under a general law, subject only to such rules and regulations as may be neces- sary for the public safety. They are subject to strict super- vision, but so long as they are safely managed they arrange business details to suit themselves. December 31, 1903, the Commissioner of Insurance reported fifteen Maryland Insurance Companies, eight joint stock and seven Mutual. During 1904, one small joint stock company retired for reasons not given, four other joint stock companies and two Mutuals were put out of business by the Baltimore Fire. That is the disasters among the old line companies were more than twice as many as those among the Mutuals. One Mutual, the old Baltimore Equitable, paid conflagra- tion losses to the amount of $1,915,517, and this without inter- rupting its business in the least. It still has a surplus of $489,- 230. The two Mutuals which failed were doing a large business in Baltimore. Statistics of their condition are not given by the Commissioner as their reports on file were burned in the great fire. The four joint stock companies would have been pronounced absolutely safe before the fire. Their capitals 30 482 A HAND BOOK were sound and they had each a good surplus. But they went under. The score at Baltimore is two to one in favor of the Mutuals, so far as Maryland companies are concerned. With regard to outside companies there were several wrecks among the joint stock companies. This is mentioned not so much as a matter of comparison with Mutuals, as to show that among the old line companies doing a general business no policy holder can be sure of safety unless he knows that the insurance is so scattered that conflagration losses are not possible. When this fire occurred, one old line journal remarked that the Mutuals were gone for good and this statement was copied all over the country. It was uncalled for and untrue. MASSACHUSETTS. BRIEF HISTORY OF MUTUAL UNDERWRITING, BY ROGER F. UPHAM. The circumstances out of which the mutual fire insurance companies of Massachusetts emerged may be stated as follows: The frame character of the towns and small cities, which then was characteristic of Massachusetts, made the ravages of fire unavoidable. No hydrant or other protective system existed save the hand-bucket brigades, which were organized in many towns, notably in Worcester, and which provided their mem- bers with a leather bucket, a cloth bag, a bed-wrench, and a screw-driver. Whenever a fire was discovered the summons brought out the members, each equipped for fire service, the cloth bag serving to carry out breakable articles. These brigades were, moreover, something of the nature of a social club, at certain meetings, and as the necessity of providing something beyond the opening of public-spirited purses and the lending of strong, willing arms for rebuilding, became apparent, the logical sequence was to mass the hazards in a mutual agreement to bear, upon a certain consideration, the misfortunes of a community. Besides, mortgages required some form of insurance to serve as protection to the collateral, and this probably finally crystallized the Worcester Mutual Fire Insurance Company, the first outside of Boston. At the beginning some mutuals charged a certain percent- age, taking therefrom, say 5 per cent in cash and assessing on the balance as losses required, while others charged a cash premium upon agreed rate per cent, and to have the insured recognize, by note of hand, or by-law and policy agreement, an obligation for the same amount, or more, as the company's by- law might be, to be assessed in event of loss necessity. The term of insurance was 1-3-5-7 years, usually seven years upon OF MUTUAL INSURANCE 483 dwellings, at a maximum, shortened finally to five years, the maximum of today, and a term limited almost absolutely to residential property. The hazards were limited to fire and light- ning; no wind, cyclone, or hail insurance being issued. The rates then as now were some higher than the stock rates. As an illustration, the rate on protected dwellings in stock companies being on an average $7.50 on the thousand dollars for five years while the mutual rate is $12.50 for five years per one thousand dollars, and on rated risks a differential rate is established over the stock rate, which will be mentioned later in this paper. The Massachusetts laws and state inspections have made no discrimination against the mutual system, but a spirit of fair- ness and impartiality has existed which has tended to far better results for the entire community than would otherwise have been possible. The early practical history of mutual insurance had to do largely, if not mainly, with farming interests, and in the various counties mutual companies were formed (in all 30). With scarcely an exception they continue to the present, having been of immense benefit to the state, money savers to the policy holders, and a bulwark between the policy holder and what might prove otherwise an opportunity for extortion by other classes of companies. The first forty or fifty years the field was almost entirely clear of competitors, and the pathway comparatively smooth. Farming was successful and town and city insurance grew apace, the mode of heating and lighting simple and safe-guarded by rigid care. Fires were rare and the underwriting margin therefore excellent. The Boston fire of 1872, following on the heel of the Portland conflagration, was the first warning of danger from congested lines of insurance in New England. The Massachusetts mutual companies had been great favorites in Boston — the area covered by the fire waste of large extent — • the losses unparalleled, but the managers of the companies inter- ested bravely battled with the exceedingly difficult circumstances and won out. But at this point the history of mutual fire insurance in Massachusetts assumes a different cast. The possibility of an assessment was wrung in infinite changes to frighten policy hold- ers from mutual ranks, and it took years before the people were really educated to see that the assessment bug-bear is one of the strongest supports of a mutual company, as it in reality makes a mutual fire insurance company perennial, the wiping of its funds, which in the case of a stock company closes its history, in a mutual company furnishes a fund to reinstate it. 484 A HAND BOOK The four dominant factors which contribute to the suc- cess of Mutual Underwriting in Massachusetts are: First: The formation of the Massachusetts Mutual Fire Insurance Union. In 1879 the managers of two or three insurance companies conceived the idea of forming an organization which should bring together all mutual companies writing dwelling house and mercantile risks for the purpose, as stated in the preamble, “of considering all matter affecting mutual companies and adopting such measures as would work for the benefit of that system of insurance — for social and fraternal purpose, to the end that peace, harmony, and good-fellowship may hereafter prevail.” Successive meetings proved so profitable that it was only a few years before all the prominent mutuals (except the mill mutuals who had an organization of their own) were enrolled as members, taking part in its work and deliberations. Rates were made, agreements entered into, and a more systematic method of doing business adopted, which has universally com- mended itself to the executive officers and policy holders. This was called the “Massachusetts Mutual Fire Insurance Union.” At first quarterly meetings only were held. Later it was found advantageous to meet weekly. Committees on luminants, rates, inspections, special con- ference, towns, and fire protection were appointed. Books of mutual rates and instructions with special slips of changes maintained and concerted efforts toward securing wise and in- telligent legislative action arranged for, with recommendations unifying to a great extent rules, permits 1 , and practices through- out the field. In fact this state organization of Massachusetts mutuals has been singularly advantageous and serviceable, as will be seen by the growth of the business of the companies forming the union in comparative figures for the twenty- three years*jof existence to this year prepared by the secretary as fol- lows: 1879 1904 At risk $181,029,381 $451,486,355 Assets 4,531,863 7,545,838 Liabilities (re-insurance fund) 2,143,053 3,658,563 Income 1,257,167 2,358,177 Premiums received annually about . . 1,014,126 2,008,795 Dividends paid 468,156 867,944 Losses paid 381,885 639,209 The making of rates, based upon careful classification, the combining of experience from field work, the noting and advising protection, water supply, and increased fire-fighting facilities of towns under a collective management advanced the interests OF MUTUAL INSURANCE 485 of the companies. Each company being loyal to the basis of rate gave stability to prices for insurance and won the respect of the insuring public. The same forms, privileges, permits, and endorsements gave also opportunity for large insurers to place heavy, current lines, with practically one insurer to deal with, the whole union taking the burden but sharing the re- sponsibility by separate policies, the negotiation of the line and settlement of loss being thus brought to a minimum. Each year has noted more excellence and more thoughtful- ness in the service of the mutual union to the various com- panies. Second: The Dividend Record. The excellent, steady dividend payments which have been maintained have been a great source of benefit to mutual insur- ance. The Massachusetts mutuals, outside of the mill mutuals, pay what is sometimes styled a set or stated dividend, or what is, in fact, a return of part of the premium. That is, instead of changing the scale of dividends each month according to the loss and income, they establish and pay a dividend which their experience has shown they will, on an average loss ratio, be able to pay year in and year out, and so continue for a series of years. The standard mutual dividend, as it exists to-day, is 20 per cent of the premium on one-year policies, 40 per cent three year and 60 per cent five year policies; and this has been the rule for years, so new insurers know practically what the net cost will be, and can compare their chances to insure in the market and decide which to buy, whether a stock or mutual policy. This has worked excellently, and while a specially heavy drain of losses may temporarily compel a reduction, generally speaking the dividends are very stable. A differential rate is made over stock companies’ tariff by agreement with the New England Insurance Exchange to act in harmony with them, thus avoiding all unnecessary friction, of 20 per cent on three year terms and 30 per cent on five year terms, so far as rated risks are concerned, which helps out the dividend account just so much. Most of the business in Massachusetts mutuals is brought to them by agrents and brokers on a 15 per cent commission basis, and in New England this has become so generally the practice that any other method would seem to be suicidal. The Massachusetts state legislature makes $10 the license fee for brokers, and declares that all veterans of the civil war can have a broker’s license free, and it looks as though the Cuban war 486 A HAND BOOK veterans would have the same chance. This makes it easy for numbers to go into the insurance field as solicitors, and their constant hunt for risks heads off insurers who would otherwise quite likely prefer to deal directly over the counter with some official of the company. Third: The Permanent Fund Feature. Another feature of Massachusetts mutuals which has been of unquestionable service in their growth is the permanent-fund so-called, established by act of legislature. This act corrected two important elements of weakness in mutuals: first, it pro- vided a chance of a strong financial basis, meeting the opposi- tion to mutuals on the ground that they were financially weak as compared with stock companies with large capital; secondly, it did away with the danger which menaced the companies — that policy holders could petition court for the dispersion of any undivided surplus which happened to occur over the re-insur- ance fund and so practically close doors. The legislature declared that the surpluses or net assets held by the Massachusetts mutuals as of 1890 should be held by them as a permanent fund and that thereafter 20 per cent of the net profits of each year could be added to the permanent fund until the aggregate amounted to 2 per cent of the total amount at risk. For instance, if a company was carrying $40,000,000 at risk, they could accumulate under this privilege of law and hold $800,000 as a permanent fund. The balance over and above the 20 per cent was to be divided in extra divi- dends in five year periods. This latter clause, however, was amended, so instead of 20 per cent, such amount as the directors deem fit may be added until said limit is reached. This permanent fund can be used for the payment of losses and expenses when the funds of the company are not sufficient, so that the permanent fund is a strong tower of security to the policy holder. The permanent funds of the Massachusetts mutuals run from less than one hundred thousand dollars to nearly half a million. No policy holder has expressed other than satisfaction that thus a certain moiety of his premium has added strength to the company against his own or future policy holder's needs. Fourth : The Standard Form of Policy. The standard form of policy which was adopted by the Massachusetts legislature to be used uniformly by both stock and mutual companies some twenty-five years ago has been an excellent basis for an insurance contract. A mutual officer, one of the present members of the mutual union, with a director of the same company, each men of broad and long continued ex- OF MUTUAL INSURANCE 487 perience were in the main apparently responsible for its excel- lent conditions and for its final adoption — its fairness toward policy holders, its arbitration clause which has obviated law- suits, its protection of mortgages has contributed very largely to the harmony, satisfaction, and stability of the conduct of the business. Through over twenty years of struggle, often under trying and exasperating conditions, although occasionally as- sailed by some legislators, the good sense and admirable work- ing of the contract have permitted hardly a change since its adoption. Fifth : The Outlook. These four elements therefore account largely for the suc- cess of the mutual principle in Massachusetts, always coupled with the effort to keep heart and brain active for the best ser- vice of the policy holder. The future of the business is un- known, save as the hundred past years make its own phrophecy. We may, however, say that mutual men most foster correct underwriting principles and encourage such inventive skill ap- plicable to insurance methods as shall be beneficial to the frater- nity. We are in a progressive age, the age which finds the ultimate at present in the Marconi’s system of wireless telegra- phy, the practical realization of a dream of years agone. No practical science in this day remains at a deadlock, and it will require the bestir of brains in the insurance field to keep our chosen profession where it belongs as the handmaid of com- mercial activity, not in the rear-guard, but in the vanguard, the front rank of the foremost column. John Graham, said that only three things were required of the successful solicitor for a continuous business: first, orders; second, more orders; third, more and larger orders. But three things seem to be required to keep the mutual system to the front: first, excellent service to policy holders; second, more excellent service; third, most excellent service. This is the high standard at which the Mass- achusetts mutual men are aiming and this principle wisely ad- vocated and zealously adhered to will not only continue the mutuals in historical pre-eminence, but in the truest sense, still on the summit of the insurance heights. MICHIGAN. This state has 97 Mutuals, of these seven appear to do a state business, the rest being local. Three of the state com- panies take only tornado and wind storm risks. One is a class Mutual, insuring mill property. The total at risk December 31, 1903 was $388,196,182. This was an increase of over twenty per cent on the previous year. The assessments were low and 488 A HAND BOOK seventeen companies made no assessment during the year. The net increase in members was 12,499. These are gratifying fig- ures. The following extract from a letter by a leading mutual insurance man gives a good idea of the situation. “You would be surprised to visit out state and hear the different views. Several efforts have been made for uniform policy. To attempt this would raise war. Everyone thinks his method best, and from the uniform success of all companies I would not attempt to say which is best. Personally I regard the best condition of things as existing where two or more com- panies cover the same territory with principal offices in adjoin- ing counties. It creates rivalry to excel, is profitable in ex- perience and in case of large properties and large risks, joint insurance helps both companies in case of fire. ’ ’ Meddling in this case would only be productive of evil. In Michigan, the old New England system of township tax collectors is used and some companies employ these collectors to gather in the assessments. The plan is said to work very well. It is certainly very economical as these collectors take side lines at very low rates. MINNESOTA. Minnesota is one of the banner states in Mutual Insurance. At the close of the year 1903 there were in business in Minne- sota Mutuals as follows: 141 Township Mutuals, total risks $163,113,327 10 Mutual Fire Asso. (state) 16,624,358 13 Hail and Cyclone, total hail risks 8,364,942 Total Cyclone risks 9,276,729 Total 197,379,356 4 Joint Stock, total risks 41,750,436 SUPT. DEARTH’S ADDRESS. The history of Mutual Insurance in Minnesota is given in the admirable address of State Commissioner Dearth before the National Association of Co-operative Mutual Insurance Com- panies at St. Paul, Minn., March 4, 1902, from which the follow- ing extracts are taken. Speaking of Farm Mutuals, he says: After quoting the dismal predictions of the Commissioner alluded to, Mr. Dearth goes on to say that they represented the general sentiment of the day and were interesting in view of OF MUTUAL INSURANCE 489 the wonderful success which all of the companies, organized in the State of Minnesota since the enactment of the law in 1875, have enjoyed. With but one or two exceptions not a single far- mer’s township mutual, out of a total of 130 odd which have been incorporated, have retired from the field, and the one or two exceptions did not fail on account of heavy losses, their charters having been surrendered before any business was transacted. The records of the Insurance Department indicate that dur- ing the entire period of twenty-five years, or, in other words, since 1876, that these companies have been operating in Minne- sota, the average premium rate per $100 of insurance has amounted to the small sum of 17 cents. Of this amount 13 cents covered all losses incurred, while 4 cents only, on each $100 of insurance, represented the entire expense of manage- ment. It thus appears that it has only cost the members or policy holders of these companies about one fifth of the average amount that would have been paid to the regular old line stock companies, or a saving, in round numbers, during the year 1901, of $1,069,000. The farmers of this State have, therefore, through these local township mutual insurance companies, since the enactment of the law in 1875, saved in the way of insurance premiums a gross sum of not less than twelve millions of dollars, and during each year in the future there will be an average sav- ing of over one million dollars. In his report for the year 1903 he says of the Township Mutuals : 1 1 1 have no hesitancy in stating, and without fear of contradiction, that no other class of business, whether that of insurance of any other line, is conducted so eminently success- ful at such a very small cost, and further more, if the policy holders of the various other classes of insurance companies were so well satisfied with the indemnity or protection enjoyed under their policy contracts as is evidently true of the Town- ship Mutual membership, there would appear to be but very little reason for fault finding on the part of any one. ’ ’ The insurance laws of Minnesota are issued in convenient form. They are well indexed. They also contain the full text of the Supreme Court, opinions construing the laws and a digest of opinions in insurance cases, both State and Federal. Minnesota makes provision for several classes of Mutuals, State Mutuals, Creamery and Cheese factory Mutuals, Mutual Hardware Dealers Insurance Companies, Publishers Association Mutuals, Mutual Dwelling House Insurance Companies and hail, tornado, plate glass, etc., and the town insurance com- panies and Farmers’ Mutuals. 490 A HAND BOOK FROM SUPT. O’BRIEN. State Superintendent Thomas D. 0 ’Brien of Minnesota kindly furnishes the following: I do not intend to discuss the relative merits of the stock or mutual plan with reference to fire insurance. Each has its advantages and disadvantages, and I prefer at the outset, as this article is to be confined to mutual companies, to have it understood that I am not attempting to express any preference for the mutual over the stock fire insurance company. The stockholders in a stock fire insurance company first contribute the amount of the capital stock and, secondly, in most of the states, assume a liability to an equal amount in ease of necessity and are, therefore, entitled to the profits made by the company. These profits should, of course, be reasonable, but with this limitation they are the absolute property of the stockholders. When such a company issues a policy it is an ordinary business transaction wherein the policy holder is will- ing to and does pay a definite sum for the protection afforded him, entirely irrespective of the general gains and losses of the company. A mutual company, however, is organized upon the theory of mutual co-operation and generally that the policy holders become underwriters pro rata for the risks taken by the com- pany, and if, as a result of the business transacted, a profit is declared, it is the property of the policy holders and should be returned to them pro rata. If by these means full protection is secured, as well as a cheaper rate, the result must be satisfactory to the policy hold- ers, but these two conditions bear no proportion in importance to each other, complete protection being the first and important consideration to be taken into account, and no economy in premium should be considered unless the protection is complete. My experience has convinced me that where the policy holders in a mutual fire insurance company are all engaged in a particular line of business, or belong to a particular class of the community, and where they have occasion, because of their common calling, to come together at stated intervals for the purpose of mutual advancement, that a fire insurance company owned and controlled by them, officered by some of their mem- bers who do not depend upon such offices for a livelihood, affords complete protection through the mutual underwriting of the members or, as we call it, the contingent liability of the policy holders, and at the same time the insurance can be furnished for comparatively small premiums ; and I should certainly favor an extension by the laws of this State of such a system to those OF MUTUAL INSURANCE 491 engaged in various lines of business. The mutual company which is organized by a few individ- uals and exclusively managed by them, and regarded more or less as a proprietary company, is in a somewhat different posit- ion. The policy holders do not have the same opportunity for becoming acquainted with each other, nor do they take the same interest in the management of the company. They usually re- gard the management as the company and they, themselves, as outsiders dealing with the company. Where these policy hold- ers pay what is represented to them as a full premium, they consider they have fully performed their part of the contract, and when called upon to meet an assessment, it generally marks the extinction of the company. I realize that this is not the case where w T hat is known as a full mutual premium is not col- lected in advance, and where all the payments are made under assessments levied by the company, as is the practice in some companies. My judgment is that mutual companies when oper- ated upon sound principles are of great benefit, not only to the policy holders but to the public at large, and undoubtedly help to keep the rates within reasonable limits, but I am just as strongly of the opinion that they are only beneficial when they can offer absolute security to the policy holder. I believe, there- fore, that the class of mutuals which I have described as those organized and managed exclusively by a few individuals and en- gaged in a general fire insurance business, should at all times carry their reinsurance reserve in available cash assets, and that the contingent liability of the policy holders should not be considered a cash asset or an asset to be resorted to except in the most extreme cases. In order that such mutual companies might be able to do this, I believe the law should permit the sale by the company of some form of certificates of indebtedness to an amount equal to its reinsurance reserve. The law and the certificates them- selves should provide that the company should be only liable upon such certificates after all of its other obligations had been extinguished. They should further provide the rate of interest which might be paid upon such certificates and, further, that where a company did accumulate and maintain a reserve of this character, that it might waive the contingent liability of its policy holders, thus enabling the company to compete on equal terms with stock companies in which the policy holders are not contingently liable. MISSOURI. Mutual Insurance is making good progress in Missouri. Accurate statistics are unattainable as the Farm Mutuals do not 492 A HAND BOOK make reports. There is a partial list of these in the report of the State Agricultural Society for the year 1900, sent by Mr. Shiels, which, however, includes only the business of 1899. This list includes 81 companies their total risks foot up $56,912,770. Later estimates put the number at one hundred, the average membership at a thousand, and the total risks at a hundred millions of dollars. Statistics of the growth of a few companies have been obtained and they show that the estimate given above is too low rather than too high. These companies are all pros- perous, in fact, it is the general testimony from Missouri, as from every other state, that Farm Mutuals managed by farmers all do well. It is stated that no Mutuals of any kind have failed in Missouri for several years. There are also nine State Mutuals, seven of these are in St. Louis and are doing a large and satisfactory business. There are also ten Town Mutuals and three or four Cyclone and Wind- storm Companies, making in all something over one hundred and twenty companies with risk amounting to over two hundred millions of dollars. The following by Mr. J. C. McManima of Springfield, describes the various plans of organization: “In Missouri we have three distinct systems of Mutual fire insurance, operated under three distinct laws, and these laws are very nearly models in their respective fields. The first law to be considered is the one governing what are known as ‘state’ or ‘six year’ companies, of which there are a number that have been in successful operation for a good many years, and possess to a high degree the confidence of the insuring public. This law provides that such companies may be organ- ized with a guaranty fund of not less than $50,000 in cash or approved securities, which must be assigned to and deposited with the superintendent of insurance of the state; or the com- pany may be organized without the guaranty fund with not less than two hundred persons making bona fide applications for insurance, the premiums on which shall amount to not less than $100,000 of which sum at least 30 per cent shall be paid in cash and until notes of solvent parties, founded on actual and bona fide applications for insurance, shall have been received for the remainder. No premium note may be for more than $500.00, and such risks shall be for not less than six years. In case of a company being organized with a guaranty fund, it is provided that such sum shall be contributed by not less than ten persons, and no part of it can be withdrawn until the com- pany holds at least two hundred thousand dollars in premium notes. This law hedges the company about as to fully protect the public and is elaborate and carefully worded. No trouble OF MUTUAL INSURANCE 493 has been experienced with companies operating under this law, and one company is now operating under it with a guaranty fund of $150,000. These state mutuals are under the operation of the general insurance laws of the state. ‘ ‘ The town mutuals may do business in town or country and in all parts of the state. They are not subject to the general insurance laws of the state, nor to the valued policy law, but must make annual reports and are subject to examination by the insurance department of the state. Like the state companies, they may do a fire, lightning and windstorm business. These companies are required to set aside a reserve fund of not less than two nor more than ten per cent of the gross cash premium receipts as a surplus fund, and that cannot be used for any purpose except payment of losses. These companies may be authorized to commence business when bona fide contracts of insurance to aggregate $1,000 in premiums have been received, and I may add here that this is the only weak spot in the law, though this weakness is offset by other provisions and safe- guards. A provision is also made that a town mutual may deposit a guaranty fund with the state insurance department for the protection of its policy holders, and one company has strengthened its position by making such a deposit. “ Under the present Farm or “County Mutual ’ ’ law, such companies are restricted to a single county, and are exempt from the general insurance laws of the state, but there were a few that were organized under an old law that are authorized to do business in more than one county, and in such cases the counties are designated in the charter, and I know of no case in which a farm mutual has done business in more than four counties. There are also a few companies that are not chartered, but are operated as a partnership. In Missouri we have farm or county Mutuals that have been in business more than thirty years, and there has never been a failure, though we now have about one hundred companies, carrying nearly one hundred million dollars of insurance. One company doing business in a single county reports a membership of 4,073 with $2,789,222.78 insurance in force. This company was organized in 1875. * 1 Co-operation in the various counties has been so successful, that our mutual insurance men have been getting closer together, from all over the state. We now have in Missouri a state asso- ciation of farm mutual insurance companies, with a full set of officers, and most of the county mutuals are members of the association. We have inaugurated a regular system of reports that are made by the various county mutuals to the secretary of the state association, the reports being almost as complete 494 A HAND BOOK as those made by the stock companies to the insurance depart- ment of the state. We have our annual conventions when we get together for the purpose of spending two or three days in comparing notes, discussing plans and methods and getting acquainted with each other. These conventions are both valu- able and pleasant, though usually full of business from start to finish. In our state association we also have a permanent legis- lative committee, and during a legislative session this committee keeps an eye on insurance legislation, and if a dangerous meas- ure comes up, the word is passed along the line and notice goes out that it would displease 100,000 farmers to have the measure become a law, and hundreds of these farmers write to or see their legislative representative and the result is that the danger- ous bill is killed, even when it is backed by all the wealth and power of the combine of the joint stock companies. When it comes to legislation, such an organization as we have in Missouri is sure to control the situation, and its position is almost invul- nerable. With such an organization as to farm insurance, is it any wonder that the stock companies have virtually aband- oned the field? In addition to these points it must never be forgotten that the 100,000 farmers of Missouri who are now protected by their own mutuals, are saving about half a mil- lion dollars a year at the lowest estimate, and this is certainly worth figuring on. In addition to the direct saving through mutual insurance companies, there is a large indirect saving by forcing the stock companies to reduce rates all along the line.” No state has been exempt from the raids of fraudulent organizers. Mr. A. Shiel of Burlington Junction gives us a brief history of the experience of Missouri as follows: 1 1 The law permitting the organization and incorporation of the Mutuals was passed in the year 1889. Then again there was another law passed permitting the incorporation of town mutuals at a more recent date; this I think was six or seven years ago. These companies were manipulated by the emissaries of Old Line Companies apparently, for out of about fifty-six only one or two remain in business. Their method was to take the rating of the old line company, collect one-half cash, give time on the balance, then proceed to collect the bal- ance by assessment soon thereafter, then go out of business; some of them made two assessments or more, but they were short lived, they having the name of Mutual injured the county Mutuals of which we have 96 in the state, none of which have failed. There was a town Mutual organized at Marysville. It went under, leaving an indebtness. Another was organized at Rockport. Another of the town Mutuals was organized at OF MUTUAL INSURANCE 495 Stanberry, Mo. Both failed. I hardly know how you can get the vital statistics of these miserable concerns. I speak rather bitterly of them because, owing to their failures, the finger of scorn was pointed at all the Mutuals, and caused numberless cancellations in all County Mutuals. The ignorance and pre- judice told against us, but we have outlived the harm they were capable of doing, and maybe the experience is a benefit in the end. ’ ’ Mr. Jesse D. Mohler of Warrensburg, says that in the history of Farmers Mutuals in Missouri, not one has ever re- tired without “ first paying all its indebtedness. Town Mutuals have done so and some farm Mutuals have been absorbed by stock companies, but no straight Farm Mutual has ever gone back on the people.” Mr. E. S. Osgood, of Mendon, estimates the annual saving to the people of Missouri at a million of dollars. Speaking of the Agricultural Reports, Mr. A. Shiel, of Burl- ington Junction, says: “This is voluntary as the law does not require us to do so. But I believe it would be better if we had state supervision and had to certify. It would have a tendency to make Secretaries more careful in their reports. I find many who think differently. I think about half of the County Mutuals are reported.’ ’ Recently there is an apparent tendency to organize more companies under town Mutual law, and there is unquestionably a good field for them. The success of the Farmers in co-opera- tion as to insurance has caused the people of the towns to do a great deal of thinking and the result will be more successful town Mutuals. The people have also learned some valuable lessons from former mistakes of Town Mutuals and these mis- takes will never be repeated. On the whole, Missouri may be said to be in fine shape as to Mutual Insurance Laws, Mutual Insurance Operators, and Mutual Insurance Sentiment. NEBRASKA. Nebraska is one of the States in which Mutual Insurance has made good progress. The State has three general Mutuals doing a good business, with risks of $ 15,186,369 Eight city and village Mutuals with risks of 12,286,856 Sixty-five Farmers’ Mutual Fire and Tornado com- panies with risks of 113,322,192 Total $140,795,417 There are four miscellaneous Mutuals with risks of. 986,365 Six Hail companies with risks of 1,992,141 Eighty-six companies, Grand Total $143,773,923 496 A HAND BOOK The early experience of Nebraska witnessed not a few at- tempts at fraud but the State soon passed safeguards against these, and of late the Mutuals have made continual and uninter- rupted progress. The State has been fortunate in possessing a large number of men of great abilities, and earnest devotion to the cause of Mutual Insurance. Their influence has been felt not only at home, but in other States, and they are entitled to credit for much good work especially in the new States. KIND OF COMPANIES. First. What is known as the 1873 law companies. This is a joint law providing for the organization of stock companies and of mutuals. Under the mutual part of it a company may be organized by having insurance premium contracts for $25,000.00 on which $5,000.00 must have been paid in cash and $20,000.00 in notes, which must remain up as security for losses until the company has accumulated resources equal to that required of a stock company. This class of companies can limit the liability of their policy holders. In March 2, 1905, an amendment was made to section 17 of that act providing for the establishing of a guaranty fund for the writing of premiums for cash and stipu- lated terms. Second. The law of 1891 under which the exclusively farm mutual companies of Nebraska are incorporated both those doing a state business and county. To organize required the signature of 20 residents of the State who own property of not less than $20,000.00 which they desire to have insured. Regular articles of incorporation must be adopted and filed. Farm companies are very successful, one carrying over $50,000,000.00 of risks. Third. What is known as the law of 1897 provides for the organization of city and village mutuals. Not less than 100 persons owning not less than $100,000.00 of property which they desire to have insured may incorporate and proceed to do busi- ness. This law took effect April 6, 1897. Companies organized under this can only insure property in cities and villages and business properties outside. Not exceeding 9 directors may be elected. They shall embody the name Mutual in their name, and may issue policies in the regular form. The act provides for a reserve fund of not less than ten per cent of the amount collect- ed in cash at the time of issuing the policy. Several companies are organized under this act and are doing a successful city business. There is provision also for unincorporated Mutuals. That is, nothing in the various acts shall be so construed as to prevent any number of persons from making mutual obli- OF MUTUAL INSURANCE 497 gations and giving the valid obligations to each other for their own insurance. Such associations or companies shall receive no premiums, make no dividends, or pay in any case more than $2.00 per day to any of their officers for compensation. And they can only collect assessments for losses and expenses aa provided. I do not think there are any companies operating under that act, not more than one or two small ones at least. Fourth. In 1903 there was also passed a law for the mutual insuring of domestic animals and a company can be organized by not less than 100 persons residing in not less than 100 different counties who collectively shall own domestic ani- mals, except swine, of not less than $50,000.00 in value. They may be insured against loss by fire, lightning, tornado, disease or accident. If any company has been organized under it much has not been heard concerning it. Fifth. There is a statute providing for hail insurance which took effect April 3, 1897, and under which not less than 100 persons residing in this state who collectively own not less than 5,000 acres of grain which they desire to have insured may be organized for the purpose of mutually insuring their growing crops from loss or damage by hail. Such incorporators must reside in not less than 10 different counties. This law was amended in 1905 with many good conditions and provisions. Sixth. There are also statutes providing for the organiza- tion of mutual plate glass companies under which any number of persons, not less than 15, residing in this state, who are the owners of plate glass windows, in mercantile or other build- ings, which they desire to have insured against accident or other breakage, may organize. Some work is done by companies under that statute. Seventh. There is a statute in Nebraska providing for the cancellation of policies. NEW HAMPSHIRE. New Hampshire has always been an excellent state for Mutual insurance. In 1885 in consequence of the passage of the Valued Policy Law, and the departure of the foreign companies, there were quite a number of cash mutuals incorporated to fill the breach. On the return of the companies all of those grad- ually dropped out so that now there are but two in existence— the Manufacturers & Merchants, and the Concord Mutual, both located in Concord, N. H. 31 498 A HAND BOOK 1890 1904 At risk $4,892,201 $6,268,862 Assets 97,401 188,091 Surplus 47,511 134,102 The number of assessment mutuals which includes twenty town mutuals, two county and the Grange, in 1890 was 23. The town mutuals confine their business to their own towns. The two counties ’ to their respective counties, and that of the Grange extends all over the State but is confined to members of the Order. The amount in force of these 23 on December 31st, 1890, was $9,254,529. Since that time, two of the town mutuals dropped out, leaving the number December 31st, 1904, including the Grange and County Mutuals, 21. The amount in force of these 21 on December 31st, 1904, was $16,007,810. The two town mutuals that retired did not fail. They wound up their business and paid their claims in full. The following laws apply to the Mutuals. Chapter 168, sec. 1. “Members of Mutual insurance companies shall not be individually liable to pay any debts of their respective com- panies beyond their ability to assessments for losses occurring therein, not to such assessments beyond the amount of their deposit notes .’ 1 Sections 2 and 5 apply to cash mutuals: Sec. 2. “Any such company organized under the laws of this state which charges a full cash premium, may limit the liability of policy holders to assessment by a stipulation in the policy, which shall have the same effect as a deposit note signed by the assured.” See. 5. “No such company which charges a full cash premium shall make a dividend to its policy holders that will reduce its cash assets below seventy per cent of the gross prem- iums received upon all risks then in force.” The standard form of policy is used and all insurance com- panies are held to a strict account. There are several Massachusetts Mutual Insurance Com- panies which do business in this state, five Massachusetts and one from Rhode Island. During 1904 these companies wrote $3,750,804. Premiums received $52,629.44 Losses 22,612.08 showing a loss ratio for these companies of 42.9 per cent. NEW JERSEY. New Jersey has been described as being situated between two great cities with none of her own. The competition for OF MUTUAL INSURANCE 499 business between is exceedingly keen. Her eleven stock com- panies have to fight for their lives. The state has twenty-two mutuals which are making fair progress. They show a total of risk of $57,062,270, with contingent assets $2,240,409, and cash assets of $401,911, a fair increase over previous years. Peculiarly liable to invasion by sharpers from the cities of other states, New Jersey has found it necessary to enforce the criminal laws vigorously. Her statutes protect her citizens against insurance frauds. The details of the business, mutuals manage as they see fit. But they must be financially sound or they will be closed up. No statistics of lightning or tornado insurance are given. The local fire mutuals probably care for lightning risks. NEW YORK. It has been remarked that it is fortunate that New York is a large State or there would not be room for the enormous variety of schemes and theories which exist within its borders. Including one of the great cities of the world, the literary and political sewer of the Union, it is the home of the extremely good and bad in every imaginable line. Insurance furnishes its full share of the contents of this witches ’ caldron. The joint stock, the Lloyd and the Mutual are all there, and it is said that among these a man can be insured against any imaginable calamity, in any kind of a company he desires. It goes without saying that between the co-operative and joint stock systems there is war to the knife. The Mutuals do not report to the State Superintendent of Insurance but file their statements with the Secretary of State, but nothing is ever done with them by way of making them public. A letter to the Superintendent of Insurance brought no information. A letter from a prominent Mutual Insurance man explains the situation exactly. He says: “I think that the statistics given you by the Superintend- ent of Insurance are rather misleading, but there may be some excuse for this as I should judge that it refers to an entirely organized under a special law. So far as I know the business of these co-operative companies has been very satisfactory and there has been no failure that I am aware of. There are over one hundred and twenty of these companies in this state which send representatives to the Central Organization of co-operative insurance companies. It is true that we do not report to the Superintendent of Insurance and he has, apparently, a grievance 500 A HAND BOOK against us and the Secretary of State don’t like to have us re- port to him, so he is not with us, but we keep right on doing business just the same and saving our patrons thousands upon thousands of dollars every year.” The Patrons of Husbandry, otherwise known as the Grange, have a large number of Mutual Fire Insurance Companies in New York and other States. These insure none but members, are all well managed and save large sums for their members. The following, clipped from the annual report for the Jefferson County Patrons’ Fire Relief Association, is a fair example. Total amount of insurance in force Oct. 1, 1903. . .$10,975,463.00 Total assessment on policies in force Oct. 1, 1903. . 10,975.75 The cost of our insurance as compared with rates of Stock Companies, show a saving in favor of the P. F. R. A. of $3.75 per $1,000, a total saving to the members in 1903 of $41,795.15. W. H. VARY, Secretary. NORTH DAKOTA. This state has sixteen county Mutuals, reporting totals at risk (3 estimated) $8,516,623.00 Eight State Mutuals do not report totals at risk, but wrote during 1893 $6,308,382.05 Two Hail Mutuals wrote $1,679,691.00 North Dakota has excellent provisions against spurious com- panies. If the people would only assist in carrying them out the citizens would be well protected against swindling insur- ance. It is within the power of any person to cause the arrest of any agent acting without authority or for an unauthorized company. In 1903 a law was passed requiring any hail companies organized under the laws of any county or state to deposit with the state treasurer the sum of $25,000 before being author- ized to transact business. This had a good effect. The laws provide for the safe management of insurance companies. The arrangement and annotation of the laws art very much like those of South Dakota and are in a very con- venient form. OHIO. Ohio has 22 Mutuals with risks of $338,883,223.00 114 assessment fire and miscellaneous companies, having at risk 202,249,066.00 Total at risk $540,132,309.00 These statistics include class mutuals as well as the ordin- ary risks. Some new companies have been chartered since the report was issued. OF MUTUAL INSURANCE 601 Mutual companies must file bond of $10,000, must have not less than $500,000 on insurance in not less than 300 shares. The premium for one year amounting to not less than $10,000 must have been paid in cash and each subscriber must assume a liability, not less than three nor more than five annual prem- iums. Each subsequent applicant for insurance must agree to the same liability. Such companies may collect an annual premium in advance. Fire insurance companies may insure against lightning, explosions and tornado. Sec. 3691 reads: The cellar and foundation walls shall not be included or considered a part of the building or structure in settling losses, anything in the application or policy to the con- trary notwithstanding. The Ohio Laws have been revised and some companies are working under the old laws and some under the new. There is a rigid system of inspection and companies must keep within safe limits. The Mutuals come under this Statute. Ohio has a good fire marshal law and the results have been very satisfactory. OKLAHOMA. Mutual Insurance affairs in Oklahoma are in rather a cha- otic condition. The laws are not satisfactory, and efforts to secure more favorable legislation have thus far failed. There are three Mutuals in Oklahoma. One is an exclusive hail company, one issues hail and fire policies, the third does business in hail, fire and tornado lines. One company assesses to meet losses and settles in full every year, the others carry over a surplus to protect policy holders. All three seem to be in good shape. They have been fortunate in being able to carry hail insur- ance for several years at less than three per cent. The companies are increasing their business very rapidly, the total at risk being now over ten millions of dollars. This is a very good start and with better legislation the Oklahoma Mutuals may expect to do most of the fire, hail and tornado busi- ness of the state. A recent decision forbids farm mutuals from insuring any property inside of corporate limits. OREGON. A brief study of the Insurance Commissioner’s report for 1904 (giving the figures for 1903 business) discloses some inter- esting facts, which should be encouraging to the friends of the mutual insurance cause. 502 A HAND BOOK In 1899 the stock companies wrote $64,155,205.49, while in 1903 they wrote $95,531,484.84, or an increase of about 49 per cent. In 1899 the mutual companies wrote $2,761,453.00, while in 1903 they wrote $8,083,072.00, or an increase of about 192 per cent. On Dec. 31, 1903, the mutual companies had in force $18,513,893.00 insurance, divided among the five companies as follows : Oregon Fire Relief Ass hi. (of McMinnville) $15,692,707.00 Farmers Fire Relief Ass hi. (of Butte ville) 1,425,990.00 Hop Growers Fire Relief Association 926,839.00 German Fire Insurance Company 385,804.00 Farmers Fire Relief Ass hi. (of Sublimity) 82,553.00 Total $18,513,893.00 The commissioners report does not give the amount of insur- ance in force in stock companies on Dec. 31, 1903, but estimat- ing the insurance in force at 25 per cent more than the amount written, (In the state of New York the amount of insurance in force at the close of 1903, was a little less than 18 per cent more than the amount written during the year) would give the stock companies about $119,500,000.00 as compared with $18,500,000.00, in round numbers, in the mutuals. This will then give us this interesting fact; in a state where mutual fire insurance was practically unknown ten years ago, mutual com- panies now carrying about 13% per cent or more than % of its entire fire insurance business. There is no uniformity of rates or policy forms among the mutual companies in the state. The O. F. R. A. the largest of the mutuals in the state, bases its rates upon the tariff rates of the stock sampanies, and its policy forms, aside from the provisions necessarily embodied in a mutual contract, are very similar to the New York standard form of policy. There is no hail or tornado insurance in the state, and losses and damages from lightning are very rare occurrences, the O. F. R. A. in its ten years experience having had but two slight damages resulting from lightning. The O. F. R. A. only insures against loss or damage by fire; and it insures dwellings, barns, boarding and lodging houses, brick buildings, warehouses, hop houses and hop dryers and growing grain. Private dwellings and barns are written, either for 5 years on the assessable plan, or on the paid up plan for 3 years. Other classes of risks are written for one year or less on the OF MUTUAL INSURANCE 508 paid up plan. Hops and growing grain are usually written for from 30 to 60 days. Under the paid up plan the assessments are collected in advance instead of being called during the term of the certificate. There is one company, The Lower Columbia Fire Relief Association which is operated in connection with the State Grange and which does a fire insurance business among mem- bers of the Grange only, and which on account of the provisions of Sec. 3748 of the insurance laws is not required to make a report of its business to the insurance commissioner. In con- sequence of this no statistics or figures of this company’s busi- ness are available. The Oregon Fire Relief Association, of McMinnville, which was organized Sept. 10, 1894, is the only mutual fire insurance company doing a general business throughout the state. The Hopgrowers Fire Relief Association of Butteville was organized in 1890, and the Farmers Fire Relief Association of Butteville, under the same management, was organized in 1896. They confine their business to the counties constituting the Williamette valley. The six stock companies organized under the laws of this state have all retired from business, so that there are now no Oregon stock fire insurance companies. • One mutual retired from business in 1902, a considerable part of its business having been rewritten in the O. F. R. A. There are two distinct climates in Oregon; the great section in Eastern Oregon, east of the Cascade Mountains is very dry and hot during the summer months and there is no moss to con- tend with, but the settlements, towns and cities are, owing to the strong prevailing winds, liable to general conflagrations. In Western Oregon, west of the Cascade Mountains, the climate is influenced by the ocean currents, the mean temperature being about 60 degrees with much more rain, and roofs that are not painted become covered with moss, which during the dry season of the year becomes a menace to the buildings and the records show a large per cent of losses caused from sparks on the roof igniting the moss. The conditions in Oregon are very different from those in the central portion of the United States. In the wheat growing portion there is no rain from the time the grain begins to ripen until fall, nor do hail storms or cyclones occur. Hence the wheat can be left standing till the farmer is ready to harvest it. Dur- ing this period the country becomes exceedingly dry and sweep- ing fires are frequent. It is these which the farmers insure against while hail and tornado insurance are unknown. Light- 604 A HAND BOOK ning is very rare. On the coast during the wet season the moss grows everywhere. This is the green moss occasionally found in single patches in damp shady places in the interior of the country ; it covers the roof and in the summer becomes very dry. In these respects and in several others insurance conditions in Oregon and Washington differ from those in other states. The 0. F. R. A. ratio of losses to stock company annual premiums for 1903 was 22.8 per cent. The 0. F. R. A. paid to its members in losses from its organization up to Dec. 31, 1903 $151,287.35. The laws of the state relating to mutual fire insurance com- panies are very brief. different line of insurance from ours, or the one I am interested in, and that is a co-operative insurance company which was PENNSYLVANIA. Pennsylvania boasts of the oldest Mutual Fire Insurance Company in the United States and one of the oldest in the World. An account of this is given elsewhere. The state has at last report, 236 Mutuals with total assets $795,774,348. There are also some live stock Mutuals whose total risks are not given. The Mutuals of Pennsylvania are generally old and well established institutions. Some are working under old charters and some have been organized but lately. All however, are under the strictest supervision and are safely conducted. The New York Standard policy has been adopted and there are also standard two-third, three-fourths, co-insurance and lightning forms to attach to policies. Nearly all the laws have been construed by the courts and insurance practice is well settled. All the Mutuals have abundant assets and all furnish insur- ance at very low cost. There is a great diversity of methods. Mr. James Miller, the veteran Secretary of the Lykens Valley Mutual Fire Insurance Company, gives some very inter- esting information. His company has been in business over fifty years. It has made only nineteen assessments during this period. The total average of cost to the assured was less than eighteen cents a year. Concerning the premiums and assessments, he says: “In the early days of the company, losses were not so numerous, and the Company had a habit of borrowing money, until the load became too heavy, and then the Board laid an assessment. But, they did not provide for future losses, con- suming all premiums paid in, and in sight, and the result was OF MUTUAL INSURANCE 505 that the next year found them short of funds, and an assess- ment had to come again. I hold that the premiums coming in this year on policies running 3 to 5 years, should be considered as reserved to pay losses on those policies and not use them to pay losses on policies issued 1, 2 or more years ago. “Let the dead past, bury their dead,” or in other words, let the past policies pay their own losses; as future policies theirs. If Mutual companies would keep a reserve fund, say of $500 for every $500,000 insurance on the books, they would be as strong to meet losses as stock companies, but if money is drawn from the reserve fund, it should be replaced out of the next assessment; or if present premiums are used to pay losses on past policies (issued in the past), this money should be re- placed out of the next assessment. If a man takes a policy to day and pays his premium there- on, what right has the company to pay out that premium on losses of a policy issued four years ago, unless it is restored again out of the next assessment.” There has been some trouble from over-insurance and con- sequent incendiarism. A State Fire Marshal Law is needed. The plan of offering rewards for the conviction of incen- diaries is in use in Pennsylvania. It has prevented the crime to a considerable extent. The following resolution was passed by the Board of Direc- tors of Mr. Miller’s Company, June 5, 1897, and ordered to be printed with the Annual Reports: “Resolved. That the Executive Committee be and hereby is authorized to offer, and the Board of Directors agree to pay a reward for the detection and conviction of any incendiary or incendiaries for setting fire to any property insured in this company, said reward to range from ten to two hundred dollars, at the discretion of the said committee, and to be based upon the amount insured on the property so fired.” “The reward for the detection of incediaries is printed on every Annual Report, and on every assessment notice that goes out from this office, so that every insured person can read it, — since June 5-97. We also attach clauses (see copies) on every policy issued limiting the liability of the company, compelling the assured to carry 75 or 80 per cent of the risk himself. This and the incendiary clause are both good in their way, and be- cause we use both to save the company we cannot tell which is most effective; but I believe both to be a good thing to keep insurers as honest as possible. I know there are kickers against the 94 and 80 per cent clauses, and these are the very ones I 606 A HAND BOOK do not trust. People will make money out of an insurance com- pany, if they can, and it can not always be prevented even with those clauses on the policies.” These clauses are printed in the article on over insurance. In one case the reward was offered, the man was arrested but the case was lost. But, it had a good effect in all that country ’round, for no suspicious fires occured there since, so far as I know. It acts as a scare and in that way does some work. But it will not avail in all cases. Sometimes I get a man of the neighborhood of the loss to hunt up evidence to use at the trial, and the one who had the loss does not know it ; and to the spy I offer $10 or $20 if he can find evidence to save the company from paying part or all of the loss, because of over-insurance. In one such case, the man had offered his property (land included) for $150 less than he had insured on the house. I produced a witness who held the assured’s letter offering him the house for $300, when he had it insured for $450. The jury found against the company for $300, and the interest from the time the loss should have been paid. It did not cost me $150 to run the case through court and therefore I saved the com- pany some money. In other cases I have compromised the loss for less than the insurance.” RHODE ISLAND. In Rhode Island all insurance companies, mutual as well as joint stock, are created only by the General Assembly on petition thereto. All such companies work under the general corporation laws of the state, and the provisions of their char- ters. The only special provision relative to Mutuals is Section 16 of Chapter 181, as follows: “ Every Mutual Fire Insurance Company organized under the laws of this state may decline to take premium notes in part payment for insurance: Provided, there be inserted in the body of the policy issued, a provision making the assured, his or their executors, administrators or assigns liable to such assessment as may be provided in such policy, and as shall become necessary in order to pay all losses and expenses not exceeding twenty times the amount of the cash premium paid.” Mutuals are under the control of the Commissioner of Insurance and report to him as do the others. There are two joint stock fire insurance companies in this state, one of which, dates back to 1799, and there are two others in liquidation. OF MUTUAL INSURANCE 507 The Rhode Island mutuals are divided into two kinds, the so-called Mill Mutuals, fifteen in number and the Dwelling House Mutuals, seven in number, one of the latter, the Provi- dence Mutual, having been organized in 1800. There are also eight Massachusetts Manufacturer’s Mutual Fire Insurance Companies and eight of the so called Massachusetts dwelling house mutuals doing business in this state. The Manufacturer’s mutuals should be treated under a head by themselves, and you will find a description of these in the article on Massachusetts. I have for the sake of convenience divided the amount at risk and the assets of the two different kinds of mutuals. Dwelling House. Manufacturer’s. Amount at risk $14,776,665 $528,409,241 Cash assets 1,440,972 7,197,342 With perhaps the exception of one or two of the dwelling house companies in this state, a flat premium is charged and a dividend paid at expiration of the policy. The dwelling house mutuals in this state confine themselves in their underwriting to dwellings, private stables, churches, school houses, and mercantile buildings; there are, however, two that write on Stocks of Goods; none, however, write on manu- facturing property, or so called special hazards. Both kinds of Mutuals have, however, been very successful. SOUTH DAKOTA. South Dakota has 19 mutuals, having at risk $18,168,862.07. The Insurance Laws have been carefully compiled and anno- tated. State organizations for Mutual fire, lightning, hail and tornado insurance may be formed by not less than twenty-five persons owning not less than $50,000 worth of property. County and township organizations require the same number to organ- ize, but only property to the amount of $25,000. Township organizations are limited to twenty-five townships. County and township organizations may not insure prop- erty outside of their limits, and they are excluded from incor- porated cities or villages, except as to land actually used in farming. They may insure detached dwellings, farm buildings, school houses, churches with the contents, and furniture in each case, hay or grain in bin or stack. County Mutuals may insure “Live stock only on the premises, against fire and against light- ning anywhere in the County or in the adjoining county.” Township organizations may insure live stock only on the premises or running at large. The state has a valued policy law, and an anti compact law. 508 A HAND BOOK TEXAS. Mutual Insurance is making good progress in Texas. Some years ago the State was invaded by a veritable army of insur- ance frauds and every line was worked energetically and indus- triously. Many fraudulent companies were organized and the business fell into disrepute. Among the wild cats were quite a number of Mutuals. Their life was short, for laws were soon passed which protected the people from further imposition, and the criminals either fled the country or were punished. Fortu- nately, most of the frauds were on a small scale. Mutual insurance is in its infancy in Texas. It is safe to say that it will develop many fold within the next few years. The Insurance Commissioner of Texas wrote as follows in 1904: “We had no law in this State regulating and supervising mutual fire insurance companies until September 1, 1903. “ Prior to this time we had a great many irresponsible fake concerns which operated in the State under the name ‘ mutual ’ but the only mutuality was among those who got con- trol and management of the concerns, they putting the money in their own pockets, and as soon as they were filled they quietly closed up and went in search of fresh fields. “Since the taking effect of the mutual law, passed by the 28th Legislature, we have authorized about 15 mutual com- panies. Seven of these are doing a general business, and seven are strictly local County affairs. One of these companies soon found it unprofitable and has gone into liquidation. Three others, as I understand it, are endeavoring to do a general busi- ness over the State, and three more, while licensed to do a gen- eral business over the State, confine their operations to their own people — one among the Germans, and another among the Bohe- mians. 9 1 Glen Walker, secretary of The Millers Mutual Fire Insur- ance Company of Texas, writes from Fort Worth as follows: “Your letter of the 19th inst. has been received, and I take pleasure in writing you that in Texas there is now no practical law for the incorporation of Mutual Fire Insurance Companies, the present law having been so drawn that while apparently pro- moting Mutual^ insurance and safeguarding the insured, it prac- tically makes prohibitive such insurance. “Seven companies organized before the passage of the law are transacting business, and from their last reports to the Com- missioner, it is shown that the receipts for 1904 were approxi- OF MUTUAL INSURANCE 509 mately $120,000, of which $85,000 is collected by one company, viz : the Millers Mutual. “It might be added that before the passage of this law the State was covered with some forty or fifty so-called Mutual companies, nearly all of which were Mutual only in name, be- ing wild-catters of the worst type. The requirement to report to the Insurance Commissioner wiped out thirty-five to forty. “Besides the above referred to Mutuals, there are fourteen County Mutuals organized under still another law. These it is reported collected $12,000 in 1904, and are said to be doing a small but good business.” VERMONT. Vermont has only three local companies, i. e. the Vermont Mutual, the Union Mutual (both of Montpelier,) and the State Mutual of Rutland, the last one, being quite new and small but on the same general principle and plan. All three companies insure all kinds of insurable property in this state; all do busi- ness on the premium note plan. The Vermont Mutual, the largest of the three companies, has had remarkable success a* the statistics will show. Its business lies principally in Ver- mont, writing but occasionally on risks in bordering states. It has a local agent in every town, and is familiar and in touch with each of its risks, and this is one of the causes of the com- pany’s great success. Another reason is, the area is so small that the officers of the Company, if need be, can personally visit each locality where losses are frequent or fluctuations in the value of property may demand it. The ratings of the various classes of hazardous properties were first made on personal judgment and in the course of the Company’s experience it has been proven that the original ratings were nearly correct. Village or city residences were rated at 4 per cent, farm risks at 6 per cent, mercantile risks at 25 per cent, the smaller shops and factories at 40 per cent, grist mills, creameries and like hazards at 50 per cent, water- power saw mills and wood working plants at 75 per cent and steam mills and wood working plants at 150 per cent — these give practically the range of rates. There have been two farm mutuals and six other mutuals organized under the laws of this state, and have transacted business at various times. Both the Farm Mutuals and three of the others have retired, leaving only three Mutual Fire Insurance Companies incorporated under the laws of Vermont. 510 A HAND BOOK The Mutual Companies which started in this state and then ceased to do business confined themselves to too small areas, and under the larger growth and business of the Vermont Mutual the smaller companies have been unable to succeed. Assets of Vt. Companies. Surplus. State $ 43,839.04 $ 5,384.67 Vermont 243,845.14 171,707.27 Union 77,148.18 7,518.84 $364,832.30 $184,610.78 There are ten mutual companies from Massachusetts and Rhode Island doing business in this state and in 1904, the amount at risk written was $3,609,899 for which they received in premiums $67,206.07, paying out in losses $26,589.59 at a loss ratio of 33.28 per cent. WASHINGTON. Washington is one of the newer states, but she has a good mutual system. She has 11 mutuals with $16,798,693 at risk, and a total of assets of $756,620.30. This shows a material advance during the year. The laws of the state are fair. Any ten or more persons, residents of this state, who may desire to form a company or association for the purpose of mutual protection of the members thereof against loss by fire, may do so. Mutual Marine and Fire Companies are provided for and also live stock mutuals. If the Insurance Commissioner of Washington does his duty in making examinations there will be no bankrupt insur- ance companies in that state. Weak companies will be forced to close up before their losses become so great that they cannot pay them. Washington has an excellent Fire Marshal Law. THE FACTORY MUTUALS. F. J. Martin, of Seattle, writes as follows: “In answer to your inquiry concerning the National Asso- ciation of Factory Mutual Insurance Companies will state, that this is an association of mutual companies, the association be- ing formed during the early part of 1905 at the solicitation of OF MUTUAL INSURANCE 511 D. M. Parry, President of the National Association of Manufac- turers and other manufacturers closely allied with that organi- zation. 1 1 The Association has an Inspection Department in charge of S. M. Timberlake, an experienced insurance engineer and locat- ed at Indianapolis, Ind. The object of the Association is to insurefthe better class of equipped manufacturing risks, but yet those that are not quite up to the high standard required by the Senior Factory Mutuals of New England. “The companies selected for the organization were The Indiana Millers Mutual Fire Insurance Co., Indianapolis, Ind.; The American Manufacturers Mutual Fire Insurance Co., In- dianapolis, Ind.; The American Guaranty Fund Mutual Fire Insurance Co., St. Louis, Mo.; The Central Manufacturers Mutual Insurance Co., Van Wert, Ohio; The Western Millers Mutual Fire Insurance Co., Kansas City, Mo., and our own com- pany. “During 1905 these companies paid their policy holders a dividend of 25 per cent, but on February 1st, 1906, it was in- creased to 30 per cent.” WISCONSIN. No better account of the Mutuals of Wisconsin can be given than the following, taken from the report of Insurance Commissioner Host, for 1904. The number of companies doing business in this state, and reporting to this department, was as follows: Mutual town insurance companies 199 City and village Mutual companies 37 Mutual Church Insurance Companies 4 Mutual Hail Insurance Companies 7 Retail Lumber Dealers Mutuals 1 The following table is an abstract from the reports of these companies showing the amount at risk December 31, 1903: City and Village Mutuals $ 32,471,068 Town Mutuals 246,902,622 Church Mutuals 4,210,152 Lumber Dealers Mutual 494,125 Mutual Hail and Cyclone 4,081,678 Total $293,159,645 In no form of insurance do we find the old fashioned the- ory of mutuality so faithfully adhered to, and in no class of 612 A HAND BOOK insurance do the members receive more complete and fuller returns for the share of the responsibility which each assumes than they do in a Mutual Fire Insurance Company. The successful Mutual company must confine itself, either to a certain class of risks, or to a restricted locality, so that the most important factor — moral hazard — may be eliminated. Forty-four years of experience with local Mutual fire insur- ance has proven the wisdom of the restrictions and limitations which the law has placed upon these companies. The limitations as to the character of the risk and exposure, the amount of insurance, and assessment liability of the mem- ber, together with the restriction as to territory — eliminating the moral hazard which makes up so large a percentage of the cost of stock companies — have made possible the success of this class of companies. Kept within the meaning and purpose of Mutuality, and the well tried limitations and restrictions adhered to, with the economy and care which has characterized the management of these companies, there never need be a failure, and the protec- tion afforded will always be the best. Press of Daily Republican, McPherson.