Blomquist v. Grays Harbor County Medical Service Corp.
| Decision Date | 19 April 1956 |
| Docket Number | No. 33503,33503 |
| Citation | 48 Wn.2d 718,296 P.2d 319 |
| Parties | Andrew BLOMQUIST and Olive Blomquist, husband and wife, and Amanda Myers, Respondents, v. GRAYS HARBOR COUNTY MEDICAL SERVICE CORPORATION, a Washington Corporation, Appellant. |
| Court | Washington Supreme Court |
John J. Kirkwood, Jr., Aberdeen, for appellant.
Lester Stritmatter, Hoquiam, Donn F. Lawwill, Aberdeen, for respondents.
This is an action based upon an insurance contract.
On April 14, 1952, the Holsum Baking Co., through its manager, Andrew Blomquist (one of the plaintiffs in this action), entered into a medical and hospital coverage insurance contract with Grays Harbor County Medical Service Corporation (defendant). The contract purportedly covered employees of the company as well as the plaintiffs (who were officers of the Holsum Baking Co.). By its terms, the contract was effective for a period of one year, beginning June 1, 1952, and it was cancelable by thirty days' notice in writing. The Holsum Baking Co. deducted each month a stipulated amount from the wages or salaries of each employee who desired coverage under the contract, and remitted the premiums to the defendant corporation. Because of several disputes between Andrew Blomquist (Holsum's manager) and Mr. Niles (defendant's manager) concerning defendant's obligation to pay certain medical and hospital bills which were incurred by Holsum's employees, the remittances to the defendant corporation for certain periods were as much as several months late in some instances. These late premiums were accepted by the defendant corporation up to December 1952. However, subsequent to February 12, 1953, the defendant corporation took the position that the contract had been orally canceled by virtue of a telephone conversation on that date between Mr. Blomquist and Mr. Niles, and refused a tender of premiums on March 14, 1953, for the months ofDecember, 1952, and January, February and March, 1953. The defendant refused to pay certain medical and hospital expenses incurred by the plaintiffs and, allegedly, covered by the insurance contract with the corporation; whereupon, plaintiffs brought this lawsuit to recover money they had expended in payment of such hospital and medical expenses. The defendant corporation, in an affirmative defense, alleged that the insurance contract had been canceled and denied liability thereunder. The trial court found that the evidence was insufficient to support an oral cancellation of the contract and entered judgment for the plaintiffs, less the amount of certain insurance premiums that had not been paid. The defendant corporation has appealed.
The pertinent provisions of the insurance contract read:
* * *
* * *
...
To continue reading
Request your trial
-
Saunders v. Lloyd's of London
...as to the payment of premiums is bound by the custom in the absence of notice to the contrary." Blomquist v. Grays Harbor Medical Serv. Corp., 48 Wash.2d 718, 720, 296 P.2d 319 (1956). While Blomquist dealt only with premiums within a policy term, the Court of Appeals has extended the princ......
-
Olivine Corp. v. United Capitol Ins. Co.
...with these notice requirements left the policy in effect with respect to Olivine. Cf., e.g., Blomquist v. Grays Harbor County Med. Serv. Corp., 48 Wash.2d 718, 721, 296 P.2d 319 (1956) (noting cancellation of policy must generally "be in accordance with the provisions of the policy" to be e......
-
Pitner v. Federal Crop Ins. Corp.
...16, 476 P.2d 642 (1970); Dill v. Lumbermen's Mut. Ins. Co., 213 S.C. 593, 50 S.E.2d 923 (1948); Blomquist v. Grays Harbor County Medical Serv. Corp., 48 Wash.2d 718, 296 P.2d 319 (1956); 45 C.J.S. Insurance § 444 (1946); Annot., 152 A.L.R. 95 (1944). An insurance policy may be rescinded by ......
-
Talmadge v. Onebeacon America Insurance, No. 31889-0-II (WA 9/13/2005)
...for payment of premiums is bound by that custom in the absence of notice to the contrary. Blomquist v. Grays Harbor County Med. Serv. Corp., 48 Wn.2d 718, 720, 296 P.2d 319 (1956). But OneBeacon did not customarily waive strict compliance with its policy provisions. Coffey explained that On......