Legal Opinion · Dissent

Washington State Public Employees' Board v. Cook

Washington Supreme Court

Decided January 7, 1977No. 44365Published

1DissentDolliver, J.

(dissenting) — In interpreting the phrase "insurable interest," which is not defined in RCW 41.40-.270, we must first look to the. context in which that phrase has been defined.

In its eagerness to rely upon a fixed rule, the majority has overlooked the purpose behind the rule. The rule requiring an insurable interest has no magic in itself. It exists for a specific reason — to assure that the beneficiary has an interest in protecting and prolonging the life of the insured. This purpose, stated inversely, is to prevent wagering: to disallow speculation ” 'upon the hazard of a life in which the…

2Cases cited4 opinions

  1. Warnock v. DavisSupreme Court of the United States · 1882
  2. Green v. Southwestern Voluntary Ass'nSupreme Court of Virginia · 1942
  3. Thomas v. National Benefit Ass'nSupreme Court of New Jersey · 1913
  4. Rakestraw v. City of CincinnatiOhio Court of Appeals · 1942

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