American Surety Co. of New York v. Fishback

Citations

• 95 Wash. 124
• 163 P. 488

Syllabus

<p>Insurance — Indemnity Insurance — Corporations—Regulation— Judgments — Payment — Day op Execution — Statutes — Repeal. Since the insurance code makes no pretense of repealing existing laws except those “on the subject of the organization of insurance companies and insurance business,” and since repeals by implication are not favored, Rem. Code, § 522 of the practice act providing for a ninety-day stay of execution on judgments for over $1,500, is not repealed by Id., § 6059-196, of the insurance code, providing that judgments against any indemnity or insurance company upon a bond shall be paid within thirty days, upon penalty of forfeiture of its license to do business in this state; which must be taken to mean that such judgments must be paid within thirty days unless execution be stayed by resort to the ’general law in the practice act.</p> <p>Execution — Stay—Judgments. The‘giving of a stay bond, under Rem. Code, § 522, substituting a statutory and binding obligation to pay the judgment in any event at the end of ninety days, is in legal effect a payment pro tempore, within the meaning of Id., § 6059-196, requiring judgments against an indemnity or insurance company to be paid within thirty days, on penalty of forfeiture of their license to do business in this state.</p> <p>Same — Stay—Time op Commencement. Rem. Code, § 522, providing for a stay of execution for ninety days upon the filing of a stay bond, without any limitation as to the time of the filing of the bond, makes the stay operate from the time the bond is filed and not from the date of the judgment.</p> <p>Insurance — Corporations—License to Do Business — Revocation. In view of all the provisions of the Insurance code relating to notice, charges, and hearing before revoking the company’s license to do business, Rem. Code, § 6059-196, providing for the revocation of the license of a company for failure to pay a judgment within thirty days, does not impose the arbitrary duty upon the insurance commis