State ex rel. Fishback v. Universal Service Agency

Citations

• 87 Wash. 413
• 151 P. 768
• 1915 Wash. LEXIS 896

Syllabus

<p>Insurance—Contracts—Nature of Insurance—Doing Insurance Business. A “Universal Service Agency” corporation which contracted with dealers, druggists, and physicians for goods and services at reduced rates and sold the privileges obtained to any person or family purchasing the right thereto from the corporation, under yearly contracts, is not engaged in the insurance business, within the meaning of 3 Rem. & Bal. Code, § 6059-1, defining insurance contracts and mahing the essential elements (1) an insurer, (2) a consideration, (3) a person insured or his beneficiary, and (4) a hazard or peril insured against, whereby the insured or his beneficiary may suffer loss or injury; where the contracts of the corporation with the purchasers of the privileges covered no hazard or peril whereby the purchasers may suffer loss or injury which the corporation insured against, but on the contrary provided that the corporation “assumes no liability for the breach of any one or all” of the contracts with its dealers none of which it guaranteed, merely agreeing with the purchasers to use its best efforts to procure the same service from others in case of breach.</p>