Law Commons^™

Joint Tortfeasors In Tennessee And The New Third-Party Statute, Robert W. Sturdivant

Vanderbilt Law Review

Chapter 145 of the 1955 Public Acts' enacted by the Tennessee Legislature, purporting in some degree to permit a third-party action, has evoked considerable interest among members of the Tennessee Bar and liability insurance carriers.

The act provides that when a defendant deems some other party primarily liable to the plaintiff, then the defendant may file a cross action against the third party. It will be recalled that when the Federal Rules of Civil Procedure were first promulgated, Rule 14 provided that a defendant, deeming a third party liable to himsel for to the plaintiff, could make such third party …

Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Petitioner's houseboat, used to transport passengers commercially on a lake between Texas and Oklahoma, was insured against fire and other loss by respondent. Following destruction of the boat by fire, respondent denied liability because of breaches of policy warranties against assignment, pledging, transferring, and use for hire. The petitioner's action was brought in the state court and removed to a federal court because of diversity of citizenship. Texas statutes provide that breaches of policy provisions by the insured are no defense unless the breach contributes to the loss, and that provisions in policies against pledging are invalid. Petitioner contended that …

How States Should Resolve Conflicts Problems Under The Direct Action Statute-An Approach

Indiana Law Journal

No abstract provided.

Insurance -- 1955 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

If a period of three years be sufficient time to detect any trend in the field of insurance litigation, there is reflected a decrease in the number of cases reaching our appellate courts having to do with automobile liability insurance and an increase in the number of cases having to do with health and accident policies--the latter probably being the result of the extension of group insurance. In the past year there were only two reported decisions in the state courts and one in the federal court sitting in Tennessee involving automobile liability policies. During the present Survey period, there …

Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.

Michigan Law Review

Plaintiff, a citizen of Texas, obtained from the defendant an insurance policy which was written and delivered in Texas. The defendant agreed to pay for any damages to plaintiff's truck caused by fire, but stipulated that any dispute over the amount of the loss should he determined by arbitration proceedings in accordance with the terms of the contract. The truck was damaged by fire in Arkansas and a dispute arose over the amount of the loss. Plaintiff refused to submit the question to arbitration and brought this suit in the Federal District Court for Arkansas. Defendant argued that the action …

Insurance - Effect Of Contract To Rebuild Upon Garnishees Of Insured, William Boys Harman Jr.

William and Mary Review of Virginia Law

No abstract provided.

Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed.

Michigan Law Review

Defendant issued a liability insurance policy to the manufacturer of a hair-waving product, an Illinois subsidiary of a Delaware corporation having its headquarters in Massachusetts. The policy, issued in Massachusetts and delivered in Massachusetts and Illinois, was to protect the insured against damages that might be suffered by users of the product anywhere in the United States or Canada. It contained a "no action" clause enforceable under Massachusetts and Illinois law prohibiting direct actions against the insurer until final determination of the insured's liability, either by judgment or agreement. Alleging injuries sustained in Louisiana where the product was bought and …

Recovery Of Insurance When Beneficiary Causes Death Of Insured, R. J. W.

West Virginia Law Review

No abstract provided.

Unemployment Compensation--Disqualification--Voluntary Idleness, R. H. R.

West Virginia Law Review

No abstract provided.

Administrative Law Problems In The Unemployment Insurance Program, Reginald Parker

Vanderbilt Law Review

"A good government," Albert Einstein said recently, "not only gives its citizens a maximum amount of liberty and political rights but also provides for a certain amount of economic security."' Our Constitution provides for political rights and liberties but not for economic security. Unlike foreign federal constitutions it neither provides for it directly nor delegates social legislation to the states; nor does the Constitution expressly prohibit this type of law. As, however, the Constitution authorizes the states to exercise powers not reserved to the central government, it may be deduced that unemployment relief legislation is within the competence of the …

A Symposium On Unemployment Insurance, Stuart Rothman

Vanderbilt Law Review

Any statutory program which has such an impact on our economic life is worth consideration by law students and lawyers. More and more, workers and employers will need to consult with lawyers about their rights under the unemployment insurance laws. An increasing number of unemployment insurance cases are being appealed to the courts and an increasing amount of unemployment insurance legislation is being introduced in state legislatures. This symposium will give law students, lawyers, judges and legislators some background information, as well as a discussion of significant legal problems; it will help all to a better understanding of the unemployment …

Book Reviews, Lloyd P. Stryker (Reviewer), Howard J. Graham (Reviewer)

Vanderbilt Law Review

Book Reviews

The American Lawyer

Albert P. Blaustein Charles O. Porter with Charles T. Duncan Chicago: The University of Chicago Press,1954. Pp. xiii, 360. $5.50.

reviewer: Lloyd Paul Stryker

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American Business Corporations Until 1860; with Special Reference to Massachusetts

By Edwin Merrick Dodd. Cambridge: Harvard University Press, 1954. Pp. xix, 524. $7.50

reviewer: Howard Jay Graham

Experience Rating: Its Objectives, Problems And Economic Implications, Edwin R. Teple, Charles G. Nowacek

Vanderbilt Law Review

Within a decade, the system of rate differentiation which has become one of the distinctive characteristics of the unemployment insurance program in the United States spread from the North Woods to the shores of the Gulf of Mexico. The idea so vigorously advocated by Professors John R. Commons and Harold M. Groves, and their Wisconsin colleagues, having been first put into effect under the Wisconsin Law in 1938, was finally incorporated in the Mississippi Law in 1948. Though unknown to the older European systems, experience rating thus took a firm grip upon the program in this country.

The Development Of Unemployment Insurance In The United States, Arthur Larson, Merrill G. Murray

Vanderbilt Law Review

The federal-state system of unemployment insurance in the United States is the result of a combination of influences. At its inception, it was influenced by experience with unemployment insurance abroad, by experience with voluntary plans already in existence in this country, by bills that had been introduced in state legislatures over a period of years, and by a number of studies that had been made by official commissions and students of the subject. Its structure was also considerably affected by the fact that those chiefly responsible for drawing up the original legislation had a background of experience in the administration …

The Place Of Unemployment Insurance Within The Patterns And Policies Of Protection Against Wage-Loss, Stefan A. Riesenfeld

Vanderbilt Law Review

The following paper deals with an intricate and perplexing subject, covering an enormous expanse. For modern society has produced income-maintenance schemes of infinite variety and tremendous complexity. Perhaps the most outstanding and important point is the fact that it has developed them at all. When, however, it comes to classifying the different existing systems and to unraveling and correlating their underlying policies, a task resembling the labor of the Danaides is assumed.

The Coverage Of Unemployment Compensation Laws, Alanson W. Willcox

Vanderbilt Law Review

The federal tax which induced the states to enact unemployment compensation laws set a pattern of coverage which the states were under pressure to meet, but which they were wholly free to exceed. With notable exceptions, state coverage is shaped to conform with federal law. In this matter, indeed, federal leadership is so far accepted that the charge of federal "dictation" has not, as it has in other aspects of unemployment compensation, prevented some expansion of the system by federal initiative.

Coverage of the Federal Unemployment Tax Act starts with the concept of "employment" as the determinant of tax liability, …

Eligibility For Benefits, Lee G. Williams

Vanderbilt Law Review

The various state unemployment compensation statutes measure eligibility for unemployment "benefits" or "insurance" or "compensation" by means of a variety of yardsticks. "In the Federal-State system of unemployment insurance established in this country under the Social Security Act, the individual states have been free to develop the particular program that seems best adapted to conditions prevailing within the State. Consequently no two state laws are alike; and the differences are increased by amendments from year to year."

The term "eligibility," as used in the unemployment compensation field, includes many statutorily prescribed factors which themselves differ from state to state. These …

Disqualification For Unemployment Insurance, Paul H. Sanders

Vanderbilt Law Review

Our public arrangements in this country for compensating unemployment (including the aggregate of federal and state legislation to that end) are quite properly referred to as an "insurance" program.' Study of the elements of coverage in an insurance policy will be found instructive, therefore, in the matter of eligibility and disqualification for unemployment benefits. A contract of insurance is designed to transfer certain defined risks from the insured to the insurer. The risks selected for this process in a particular policy will be described or stated affirmatively in its provisions. Certain exclusions from the risk may be specified for even …

Procedural Difficulties Arising Out Of Liability Insurance Of Charitable Or Governmental Bodies - Thomas V. Prince George's County

Maryland Law Review

No abstract provided.

Insurance, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck

Michigan Law Review

Plaintiff, a non-profit hospital service organization, furnished services to defendant, a member of the organization injured in an automobile accident. Defendant thereafter entered into a settlement with the third party whose negligence had caused the accident and executed a release which included the hospital bill. Plaintiff then filed a bill in equity against defendant and the third party, claiming that on common law principles of subrogation it was entitled to recover from defendant all sums received by the defendant in settlement for the hospital services and from the third party the cost of the hospital services made necessary by the …