State ex rel. Leach v. Fishback

Citations

• 79 Wash. 290
• 140 P. 387

Syllabus

<p>Insurance — Control and Regulation — Foreign Corporations— Deposit of Securities — Statutes—Construction. Reading the insurance code as a whole, the last paragraph of 3 Rem. & Bal. Code, § 6059-24, providing that every insurance company required to have a cash capital shall, on or before January 1st, 1912, deposit with the state treasurer funds and securities equal to the minimum cash capital required by the act, is not inconsistent with the first and second paragraphs (added by amendinent) providing that every foreign insurance company required to have a cash capital shall deposit the same amount of securities required of like domestic companies, and that the state treasurer shall receive from domestic companies, the securities required of them by laws of other states as a prerequisite to their transaction of business in other states; it merely being a statement in another form, of Id., § 6059-22, requiring alien insurance companies to deposit not less than $200,000 invested in like manner as required by similar domestic companies, and' fixing the time for such deposit.</p> <p>Same. The act will not be construed as permitting alien companies to do business in this state without making the deposit required of domestic corporations, although not required by its home laws to make any deposit, in view of Const., art. 12, § 7, providing that no foreign corporation shall be allowed to transact business within the state on more favorable conditions than are prescribed by law for similar domestic corporations.</p> <p>Statutes — Construction—History of Act. Where there is no ambiguity or uncertainty in a statute, fair on its face, and the legislative intent is clear, the courts will not refer to the history of the act to determine whether part of the act was inadvertently adopted.</p> <p>Same — Departmental Construction — Usage. A construction placed upon the insurance cod'e by the insurance department will not control the courts where property interests have not been th