Elsom v. Gadd

Citations

• 93 Wash. 603
• 161 P. 483
• 1916 Wash. LEXIS 1249

Syllabus

<p>Exemptions — Life Insurance — -Proceeds—Exemption From Debts —Statutes. Construed together as in pari materia with Rem. 1915 Code, § 569, Rem. & Bal. Code, § 6158, providing that, if a policy of insurance is effected by any person on his own life, the lawful beneficiary thereof, other than himself or his legal representatives, shall, unless contrary to the terms of the policy, be entitled to its proceéds against the creditors, was intended to modify the sweeping provisions of § 569, providing that the proceeds or avails of all life and accident insurance shall be exempt from all liability for any debt; hence, to claim the exemption, the insurance must be payable to some beneficiary “other than the assured or his legal representatives” (Fullerton, J., dissenting).</p> <p>Same — Statutes — Repeal — Subject-Matter. The repealing clause of the Insurance Code, Laws 1911, p. 298, § 238, repealing all prior acts “on the subject of the organization and government of insurance companies and insurance business,” was not intended to repeal the earlier act, Rem. 1915 Code, § 569, exempting the proceeds or avails of all life and accident insurance from liability for any debt; the subject-matter of exemptions being a distinct subject-matter in and of itself not necessarily included within an act relating to insurance.</p>