Humphrey v. Mutual Life Insurance

Citations

• 86 Wash. 672
• 151 P. 100
• 1915 Wash. LEXIS 1050

Syllabus

<p>Appeal — Review'—Discretion. The refusal of a continuance on the ground of the absence of the plaintiff will not be disturbed except for abuse of discretion.</p> <p>Continuance — Absence of Party — Grounds — Sufficiency. A continuance on account of the absence of the plaintiff is properly denied where the plaintiff knew the date when the case was set for trial, and went to Alaska without notifying his counsel, and there was no showing of the necessity of his going or when he would return.</p> <p>Insurance — Assignment of Policy — Delivery. There is a valid and complete assignment and delivery of a life insurance policy by a husband to his wife, where the assignment was executed in duplicate and one copy attached to the policy and placed in safety deposit boxes to which the wife had access and the other copy sent to the insurance company, where it was received and filed.</p> <p>Insurance — Insurable Interest of Wife — Divorce. Where a wife had an insurable interest at the time her husband assigned to her a policy of insurance upon his life, the existence of an insurable interest at the maturity of the policy is unnecessary, and her interest in the policy does not expire upon the procurement of a divorce.</p> <p>Insurance — Assignment of Policy — Construction. Upon an assignment of his life insurance policy by a husband “to his wife, if living, and if not to my estate,” the wife cannot, without the husband’s consent, surrender the policy and receive the cash surrender value.</p>