Calvin Phillips & Co. v. Fishback

Citations

• 84 Wash. 124
• 146 P. 181

Syllabus

<p>Insurance — Rebates—Contract — Construction. An agreement in an application for a loan made to a loan company (also a licensed insurance agent) providing that “I hereby agree ... in consideration of the services rendered ... to compensate them, if said loan is secured, by granting them the exclusive right as insurance agents to write, or have written, all the fire insurance carried on the buildings,” is not an agreement for unlawful insurance rebates, in violation of 3 Rem. & Bal. Code, § 6059-33, prohibiting licensed agents from “offering, promising, allowing, giving, or paying, directly or indirectly, any rebate of the premium payable on the policy ... or any other valuable consideration or inducement to or for insurance . . . which is not specified in the policy contract of insurance” (Mount, J., dissenting).</p> <p>Injunction — When Lies — Adequate Remedy at Law — Insurance — Cancellation oe License. Where the insurance commissioner is about to unlawfully cancel the license of an insurance agent, private rights are threatened for which there is no adequate remedy other than injunction.</p> <p>Insurance — Regulation—Rebates—Statutes — Construction. 3 Rem. & Bal. Code, § 6059-33, an act intended to maintain an absolute standard of insurance rates, with the severe penalty of cancellation of an agent’s license for violation thereof, will not be extended by judicial construction beyond its evident purpose.</p>