Hall v. Metropolitan Life Ins. Co.

• Decision Date: 23 January 1934
• Citation: 146 Or. 32,28 P.2d 875
• Parties: HALL v. METROPOLITAN LIFE INS. CO.
• Court: Oregon Supreme Court

28 P.2d 875

146 Or. 32

HALL v. METROPOLITAN LIFE INS. CO.

Supreme Court of Oregon

January 23, 1934

Department 2.

Appeal from Circuit Court, Multnomah County; James W. Crawford Judge.

Action by Harry E. Hall, executor of the estate of Karl Jacob deceased, against the Metropolitan Life Insurance Company, to recover $2,841.30, the difference between $3,000 paid defendant by decedent on an annuity contract, and monthly installments repaid by defendant to decedent during the latter's lifetime. From a judgment on an order sustaining a demurrer to the complaint, plaintiff appeals.

Affirmed.

Chester A. Sheppard, of Portland (Sheppard & Phillips and Harley W Allen, all of Portland, on the brief), for appellant.

Richard W. Montague, of Portland (Wood, Montague, Matthiessen &amp Rankin, of Portland, on the brief), for respondent.

BAILEY, Justice.

On or about September 13, 1930, Karl Jacob paid to the defendant Metropolitan Life Insurance Company, the sum of $3,000 for an annuity contract. As a consideration for this payment, the defendant agreed to pay to Karl Jacob the sum of $15.87 per month as long as he might live. Jacob died on July 28, 1931, and thereafter Harry E. Hall was duly appointed as executor of his estate. This action is brought by Hall as executor to recover the sum of $2,841.30, which represents the difference between the $3,000 paid by Jacob and the sum of $158.70 repaid by the defendant as monthly installments on the annuity contract.

At the time this contract was entered into, the defendant, a foreign corporation, was licensed to do business in the state of Oregon as an insurance company. It had not, however, at that time filed with the insurance commissioner of the state of Oregon the particular form of contract entered into with plaintiff's decedent.

Section 46-509, Oregon Code 1930, a part of the general insurance code enacted in 1917 (chapter 203, p. 384, § 24-h, Laws 1917), provides as follows: "A policy of life insurance shall not be issued or delivered in this state until the form of the same has been filed with the insurance commissioner, nor if the insurance commissioner give written notice within thirty days of such filing, to the company proposing to issue it showing wherein the form of such policy does not comply with the requirements of the laws of this state."

It is the contention of the plaintiff that under the provisions of the foregoing section the defendant insurance company was prohibited from issuing or delivering the annuity contract here involved, because it had not, prior thereto, filed with the insurance commissioner the form of said contract; that, due to such failure on the part of the defendant insurance company, the contract here in litigation was illegal and void; and that the payment of said $3,000 by Jacob was without consideration.

The plaintiff argues that the Legislature in the enactment of the general insurance code in 1917 intended to require the form of a contract of annuity, before being issued or delivered, to be filed with the insurance commissioner, and that the phrase "policy of life insurance," as the same is used in section 46-509, supra, includes within its meaning such a contract.

In order to determine the intention of the Legislature in any enactment it is necessary to consider the statute as a whole. In so doing, the title of the act in many instances may explain uncertainties and ambiguities which occur in the body of the act. The title of chapter 203, p. 312, Laws 1917, is as follows: "An Act to provide for the regulation and supervision of insurance in the State of Oregon, other than State Industrial Accident Insurance, and repealing" numerous sections of Lord's Oregon Laws and certain chapters of the session laws enacted subsequent to that compilation.

Section 1 of the act, now section 46-101, Oregon Code 1930, defines insurance as follows: "Insurance is a contract whereby one undertakes to indemnify another against loss, damage or liability arising from an unknown or contingent event, whereby the insured or his beneficiary suffers loss or injury."

It is apparent that the word "insurance," as used in the foregoing definition, does not include a contract of annuity, especially such a contract of annuity as is involved in the instant case. The contract before us does not undertake to indemnify Karl Jacob or any one else against loss, damage, or liability arising from an unknown or contingent event whereby Jacob suffers loss or injury.

There are, however, other sections of the Code which have a direct or indirect bearing upon the question before this court. Subdivision (1) of section 46-117 defines an insurance company in the following language: "A company, association, partnership or individual engaged in the business of insurance, or suretyship, or of guaranteeing against liability, loss or damage, or of entering into contracts substantially amounting to insurance, shall be deemed an insurance company and shall not transact such business unless the business is authorized or permitted by the laws of the state of Oregon, and all laws regulating the same and applicable thereto have been complied with."

Subdivision (2) of the same section classifies and separates different kinds of insurance and, so far as bearing on the question before us, is as follows:

"(2) A company may be licensed to make any or all insurance and reinsurance comprised in any one of the following numbered subdivisions: ***

"Second. Life Insurance.-On the lives of persons and every insurance appertaining thereto or connected therewith, including endowments, and to grant disability benefits and purchase or dispose of annuities."

Subdivision (2) of section 46-126 provides a penalty in case of certain violations of the act and is as follows: "If any insurance company, corporation or association, its agents or attorney, shall solicit insurance in this state or shall issue a policy therein without having complied with the laws of this state, the company, corporation, or association, or its agent, or attorney, so issuing the policy or accepting the application for the same, shall be guilty of a misdemeanor and shall be subject to a fine of not exceeding one hundred dollars."

Section 46-135 provides a penalty to apply in cases in which no other specific penalty is mentioned, for the violation of any other provisions of the insurance code, and is in the following language: "Any person, corporation, association or partnership who violates any of the provisions of this law, or fails to comply with any duty imposed upon him or it by any provision of this law, for which violation or failure no penalty is elsewhere provided by the laws of the state, shall be fined not exceeding one hundred dollars."

The parts of the statute to which we have already referred, with the exception of section 46-509, supra, are included in the...