State ex rel. United States Fidelity & Guaranty Co. v. Smith

199 N.W. 954, 184 Wis. 309, 1924 Wisc. LEXIS 289
CourtWisconsin Supreme Court
DecidedJune 3, 1924
StatusPublished
Cited by23 cases

This text of 199 N.W. 954 (State ex rel. United States Fidelity & Guaranty Co. v. Smith) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. United States Fidelity & Guaranty Co. v. Smith, 199 N.W. 954, 184 Wis. 309, 1924 Wisc. LEXIS 289 (Wis. 1924).

Opinion

Jones, J.

It is the first contention of appellant’s counsel that the policy of insurance issued to the railroad company and the qoupons issued thereunder are not within or subject to the standard policy law of the state and therefore there is no subject matter within the jurisdiction of the commissioner.

Counsel point out that the principal object of the standard policy law was to promote uniformity in the administration of insurance law throughout the country; that the standard policy laws of Minnesota, Michigan, and Wisconsin are identical, but that the purpose of their enactment has been defeated in the instant case since the commissioners of Minnesota and Michigan authorized the issuance of the coupons under the policy in this proceeding while the commissioner of Wisconsin has ordered their discontinuance.

It is argued that the evils sought to be remedied by a statute constitute a guide to its interpretation. As illustrating this proposition counsel cite the case Church of the Holy Trinity v. U. S. 143 U. S. 457, 12 Sup. Ct. 511, in which the church made a contract with a clergyman, an alien and a resident of England, whereby he was to remove to New York City and become the rector and pastor of the church. An action was brought to recover the penalty prescribed by the contract labor law. It was the decision of the court that although the act of the corporation was within the letter of the statute, yet it was not within the statute because not within its spirit nor within the intention of its make'rs. It was further held that a guide to the meaning of a statute is found in the evil which it is designed to remedy [315]*315and for this “the court properly looks at contemporaneous events, the situation as it existed, and as it was pressed upon the attention of the legislative body.” Church of the Holy Trinity v. U. S. 143 U. S. 457, 463, 12 Sup. Ct. 511.

Counsel also cite on this proposition Takao Ozawa v. U. S. 260 U. S. 178, 43 Sup. Ct. 65, and Heydenfeldt v. Daney G. & S. M. Co. 93 U. S. 634.

It is further contended in the brief that the issuance of individual policies was not an evil intended to be remedied by the statute, since it provided for coverage by blanket policies which might be issued by responsible corporations for the protection of persons having with them contractual relations, and it was considered that such policies were not subject to any of the impositions incident to individual policies, and therefore they were exempted.

It is further pointed out in the brief that it was intended to remedy only the evils in connection with the ordinary individual policies, since the statute exempted from certain of its provisions all forms of travel policies then known to the business. Counsel say in their brief:

“The purpose of the law was obviously to subject to its requirements all individual accident and health policies issued in the usual course, and to enforce uniformity in the phraseology and form of such policies, at the same time exempting from its operations and burdens all blanket policies, issued to theoretically responsible corporations for the benefit of those occupying contractual relations with them and railroad travel policies issued at stations and ticket offices by the regular employees of railroad companies.”

It is a familiar and ancient rule that statutes should be expounded not merely according to the letter but according to the meaning. In the case above cited, in the very interesting opinion by Mr. Justice Brewer, this rule was liberally applied, and it was held that the title of the act, the .evil intended to be remedied, and the history of the statute all concurred in showing the intent of Congress was simply [316]*316to stay the influx of cheap unskilled labor. In closing the opinion it was said:

“It is the duty of the courts, under those circumstances, to say that, however broad the language of the statute may be, the act, although within the letter, is not within the intention of the legislature, and therefore cannot be within the statute.” Church of the Holy Trinity v. U. S. 143 U. S. 457, 472, 12 Sup. Ct. 511.

Although it is the primary rule of construction to give effect to the legislative intent, yet if a statute is plain and unambiguous then interpretation is unnecessary. It is not the function of the court to add language to a statute or to add exceptions because the statute may to the court seem unwise.

“The courts have no function of legislation, and simply seek to ascertain the will of the legislator. It is true there are cases in which the letter of the statute is not deemed controlling, but the cases are few and exceptional, and only arise where there are cogent reasons for believing that the letter does not fully and accurately disclose the intent. No mere omission, no mere failure to provide for contingencies, which it may seem wise to have specifically provided for, justify any judicial addition to the language of the statute.” 2 Lewis’ Sutherland, Stat. Constr. (2d ed.) p. 700; U. S. v. Goldenberg, 168 U. S. 95, 18 Sup. Ct. 3, 42 Lawy. Ed. 394.

Many cases might be cited illustrating the rule that the primary consideration in construing statutes is to ascertain the legislative intent; but perhaps a greater number to the effect that the intention must be primarily determined from the language of the statute itself, and that intentions cannot be imputed to the legislature except those to be gathered from the terms of the law.

Sec. 208.05, Stats., is a prohibition against the issuance of policies of insurance until certain conditions have been complied with. Sub. (12) (1) makes sec. 208.05-inap-plicable to certain forms of general or blanket policies of insurance, and sub. (12) (4) provides that certain provisions [317]*317may be omitted from railroad ticket policies sold at railroad stations or ticket offices by railroad employees.

It is plain that appellant was engaged in the business of accident insurance and that the coupons, sometimes called coupon policies, were far from complying with the requirements of par. (1), (2), and (3), sub. (12), sec. 208.05.

Undoubtedly it was one of the objects of the standard accident policy statute that policies should be delivered, making it possible that holders could easily know the contents of their contracts. The coupon furnishes only very meager information in this respect, and the only way in which the insured can ascertain the nature of his contract is to call for a copy filed with the railroad company. Clearly the method of insurance adopted does not conform to the letter of the statute and it is difficult to figure out how it conforms to the spirit.

It is argued that par. (4), sub. (12), of the statute indicates that it was not the legislative intent that this kind of insurance should be included within the statute.

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Bluebook (online)
199 N.W. 954, 184 Wis. 309, 1924 Wisc. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-united-states-fidelity-guaranty-co-v-smith-wis-1924.