Wick v. Western Union Life Insurance

Citations

• 104 Wash. 129
• 175 P. 953
• 1918 Wash. LEXIS 1150

Syllabus

<p>Contracts (57) — Construction—Intent of Parties. The most important rule for the construction of contracts is that the intent of the parties must govern, to be gathered from the contract as a whole and not from detached parts; and a clumsy arrangement of words, coupled with the “comma fault,” will not contravene a reasonable interpretation according to the intention.</p> <p>Insurance (103) — Nonpayment of Premium — Excuses — Construction of Policy — Notice of Disability. Notice of total disability must be given prior to default and cancellation for nonpayment of premiums, under a policy of life insurance, providing that if the insured, before attaining the age of sixty, shall furnish proof that he “has,” before default, become wholly disabled, the company shall pay for him all premiums “which shall, become due” during the continuance of the disability; especially in view of other provisions of the policy requiring insured, upon request, to give proof of continuance of the disability, and limiting the period of grace for payments to one month pursuant to Rem. Code, § 6059-184, during which time the policy “shall remain in full force and effect.”</p>