State ex rel. Fishback v. Globe Casket & Undertaking Co.

Citations

• 82 Wash. 124

Syllabus

<p>Insurance — Life Insurance — Nature of Contract — Burial. A contract is an insurance contract and subject to tbe control of tbe insurance laws, where it provided that a corporation, upon tbe acceptance and approval of applications therefor, was to enter into a contract with tbe applicant to issue a certificate, upon tbe payment of installments, which contract and certificate obligated tbe company, upon tbe death of tbe applicant, to furnish specified services in connection with tbe burial of tbe deceased; notwithstanding no beneficiary was named, tbe beneficiary being tbe person liable for burial expenses.</p> <p>Statutes — Executive Construction — Conclusiveness. A decision by an insurance commissioner that a certain contract is not an insurance contract within tbe insurance laws, is not controlling or conclusive, where tbe insurance laws were not of doubtful construetion, the ruling had been made but two years previously, and it does not appear that it had ever been adopted or followed by other persons.</p> <p>Estoppel — Against State — Acts of Officers. While an act of an insurance commissioner in misconstruing certain laws might condone past offenses, it could not operate as an estoppel as to new offenses.</p> <p>Corporations — Actions Against — Winding Up — Forfeiture of Charter. Where a corporation has been engaged in but one form of business, and that an illegal insurance business, and it has contracts outstanding that require liquidation, judgment may properly be entered winding up its affairs, enjoining the prosecution of further business, and forfeiting its charter, although its charter authorized it to engage in other lawful business.</p> <p>Same — Forfeiture of Franchise — Illegal Acts. Where the business of a corporation is not only illegal, but can result in injury to the public, the court has power to declare a forfeiture of its franchise.</p>