75 Wis. 332 | Wis. | 1889
Sec. 1978, R. S. 1878, defines what are to be considered insurance corporations in this .state. It reads as follows: “Ho corporation, association, partnership, or individual shall do any business of insurance of any kind, or make any guaranty, contract, or pledge for the payment of annuities or endowments, or money to the families or representatives of any policy or certificate holder, or the like, in this state, or with any resident of this state, except according to the conditions and restrictions of these statutes; and the term insurance corporation, as used in this chapter, may be taken to embrace every corporation, association, partnership, or individual engaging in any such business.” Sec. 4, ch. 240, Laws of 1880, reads as follows: “ Ho officer or broker, agent or subagent, of any insurance corporation of any kind, except town insurance corporations of this state, shall act or aid in any manner in trans
The stipulation of facts in this case very clearly shows that the defendant was acting as an insurance agent in this state, within the provisions of the section of the statutes last above quoted, and for an insurance corporation, within the meaning of the section first quoted, and without having a certificate of authority from the insurance commissioner. We do not deem it necessary to discuss the question whether the “National Benevolent Association of Minneapolis, Minnesota,” which is an Odd Fellows association, duly incorporated under the laws of Minnesota for the purpose of fraternal benevolent insurance upon the co-operative or assessment plan among the members of the Independent Odd Fellows, is an “insurance corporation,” within the meaning of the section of our statutes above quoted. To us it seems perfectly clear that it is an insurance corporation, within the letter and spirit of said section. The defendant was therefore guilty of violating the provisions of said sec. 4, ch. 240, Laws of 1880, Unless, by some other statute of the state, the corporation mentioned is taken out of the provisions of said sec. 1978, R. S., above quoted.
It is claimed by the learned counsel for the defendant that this corporation is taken out of the provisions of said sec. 1978, R. S., by the provisions of ch. 204, Laws of 1879. The first section of this act provides as follows: “The secret, beneficiary, charitable, and benevolent orders of Free Masons, Odd Fellows, Knights of Pythias,” etc. (naming a large number of secret and benevolent organizations),
It is urged by the learned attorney general that, because the particular association of Odd Fellows named in the information is not mentioned in said section, such association of Odd Fellows is not exempted from the general provisions of the statutes in relation to assurance. We think this is too restricted a construction of the section. The section does not exempt any particular association or order of Odd Fellow's, but it exempts all the charitable and benevolent orders of Odd Fellow's. The state admits that the corporation the defendant represented was the “ National Benevolent Association of Minneapolis, Minnesota,” and that such association is an Odd Fellow's association, duly incorporated under the laws of Minnesota for the purpose of fraternal benevolent insurance upon the co-operative or assessment plan among members of the Independent Order of Odd Fellows. We think this statement of the character, business,
It is urged by the learned attorney general that, for anything appearing in this case, the association for which the defendant was acting might have been an association of men wholly unconnected with the order of Odd Fellows, and their .only connection with them was that they insured no persons except members of the order of Odd Fellows.
By the Court.— Upon the facts admitted, the question submitted to us by the learned municipal judge is answered in the negative. The clerk of this court will certify our answer to the question to the municipal court of Bock county for further proceedings.