69 Wis. 76 | Wis. | 1887
The main question in this case is, does the complaint state a cause of action? The action is brought
Sec. 1954 reads as follows: “Every life or accident insurance corporation doing business in this state shall, on or before the 1st day of March in each year, file in the office of the commissioner of insurance a statement of its business standing and affairs, signed and verified by the affidavits of the president or vice-president, and of the secretary (but, in case of a foreign corporation, it may be signed and verified
The inquiry, therefore, is, does this provision apply to and include a nonresident corporation which has not been licensed, or does it only apply to such as have the right and authority of doing business in the state? Ve are constrained to hold that it only applies to the latter class of corporations. There are a number of provisions of the statute that lead us to adojpt this view. Sec. 1220 provides that every company transacting the business of life or accidental insurance in this state shall, on or before the 1st of March in each year, pay to the state treasurer, as an annual license fee for transacting such business, the sum of $300. Such license, when granted, shall authorize the company to which it is issued to transact business until the 1st day of March in the ensuing year, unless sooner revoked or forfeited according to law. Subsequent sections prohibit such a corporation from doing business unless it has a certain amount of paid-up capital, and has procured a license from the commissioner authorizing it to issue policies of insurance. Sec. 1947. The commissioner is authorized from time to time to examine the capital stock and assets of such company, and
In view of these provisions for granting license to a non
The learned counsel for the plaintiff says the words used in the statute, “ every life or accident insurance corporation,” are general, making no exceptions, and embrace both those corporations which have been doing business by complying with the laws of the state, and those which have been or are doing business in violation of the laws. True,
. The counsel for the defendant argues that the words “doing business in this state ” necessarily imply and refer to corporations which have the lawful right or authority to make contracts of insurance. The words, he says, are words.of .limitation, and clearly designate that class of corporations. .As a general rule, laws are enacted to regulate
But it is further claimed in behalf of the plaintiff that this view of the statute is in direct conflict with the decision in State v. United States Mut. Accident Ass’n, 67 Wis. 624. The question in that case was whether there had been such a service of process as gave the court jurisdiction of the defendant. The summons had been served by leaving a copy with the agent of a foreign insurance company which had not obtained a license to do business in this state. Upon the facts of the case, the service was held to be good. The case is quite distinguishable from the one at bar. It is true, it is said in that case that sec. 1954 applies to every life or accident insurance company doing business in this state. This remark, however, must be considered in connection with the facts and case in which it was made. It was perfectly correct, considered in relation to the question decided there; but cannot control our judgment here, where the question is whether the last clause of sec. 1954, which imposes a penalty for a failure to do certain acts, applies to a nonresident corporation which has never been licensed to do business in this state. What was the subject-matter in the case above referred to does not appear. It might well be that it was a contract, the validity of which the company would be estopped from denying. But, whatever it was, for obvious reasons, the expression there made cannot control our judgment upon the question presented here. We must therefore hold that the complaint is defective, be
By the Court.— The order of the circuit court is reversed, and the cause is remanded for further proceedings according to law.