New York Life Ins. Co. v. People

• Decision Date: 21 February 1902
• Citation: 63 N.E. 264,195 Ill. 430
• Parties: NEW YORK LIFE INS. CO. v. PEOPLE.
• Court: Illinois Supreme Court

195 Ill. 430

63 N.E. 264

NEW YORK LIFE INS. CO.

v.PEOPLE.¹

Supreme Court of Illinois.

Feb. 21, 1902.

Appeal from appellate court, Fourth district.

Action by the people against the New York Life Insurance Company and another. From a judgment for the people, affirmed by the appellate court (95 Ill. App. 136), the company appeals. Affirmed.

W. W. Clemens and Edward O'Bryan, for appellant.

R. R. Fowler, State's Atty., and W. W. Duncan, for the People.

CARTER, J.

This was an action of debt, brought in the Williamson circuit court, to recover a statutory penalty against the appellant and one Will H. Piety, its agent. A jury was waived, and there was a trial before the court, and a recovery had on two counts of the declaration, of the penalty of $500 on each count, against each defendant. On appeal by the insurance company the appellate court affirmed the judgment, and the company took this its further appeal to this court.

The statute (Hurd's Rev. St. 1899, p. 978) is as follows:

‘Section 1. That no life insurance company or association organized under the laws of this state, or doing business within the limits of the same, shall make or permit any distinction or discrimination between insurants of the same class and equal expectation of life, in its established rates; nor in the charging, collecting, demanding or receiving of the amount of premium for insurants of the same class and equal expectation of life; nor in the return ratably of premium, dividends, or other benefits accruing, or that may accrue, to such insurants as aforesaid; nor in the terms and conditions of the contract between such company and the insurants; and such contract of insurance shall be fully and wholly expressed and contained in the policy issued and the application therefor; nor shall any such company or its agents pay, or allow, or offer to pay or allow to any person insured any special rebate or premium, or any special favor or advantage in the dividends or other benefits to accrue on such policy, or promise the same to any person as inducement to insure, or promise to give any advantage or valuable consideration whatever, not expressed or specified in the policy of such company.

‘Sec. 2. If any such life insurance company, or association, its agent or agents, as aforesaid, shall make any unjust discriminations, as enumerated in section 1 of this act, the same shall be deemed guilty of having violated the provisions of this act, and upon conviction thereof shall be dealt with as hereinafter provided.

‘Sec. 3. Any such life insurance company or association which shall transact its business in this state in...