Law Commons^™

Vyn V. Northwest Casualty Co., Jesse W. Carter

Jesse Carter Opinions

An insurer was not liable to cover an accident under a policy it had issued to the insured when the insured had not ordered the policy, returned the policy to the insurer, and did not pay premiums on the policy until after the accident had occurred.

Insurance -- 1956 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

In Pennsylvania, etc. Ins. Co. v. Homer,' it appeared that Homer had struck a parked vehicle but failed to stop. His identity was later established and he signed a statement admitting that the accident was his fault and assuming all responsibility in connection therewith, including damage to the vehicle and hospital and medical treatment to any person suffering injuries as a result of the accident. It was not until five months after the collision that Homer's insuror received any notice of the accident. The insuror thereupon filed this action in the chancery court for declaratory judgment to determine its rights …

Insurance, Irwin L. Treiger

Washington Law Review

Covers cases on insurance—effect of a divorce decree.

Beneficial Fire & Casualty Ins. Co. V. Kurt Hitke & Co., Jesse W. Carter

Jesse Carter Opinions

The trial court's declaration in insurance company's favor regarding its rights under a written agency contract was improper where contract was ambiguous and extrinsic evidence should have been admitted to aid in construing the contract.

Continental Casualty Co. V. Phoenix Constr. Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

A tortfeasor worked for a trucking company in a joint venture, and the company's insurance carrier, was primarily liable to the victim. Because the trucking company's coverage was sufficient, it was unnecessary to look elsewhere for payment.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Constitutional Law--Equal Protection--Automatic Reversion of Land to Grant or Upon Use by Non-Whites

Constitutional Law--Federal Eminent Domain--Potentiality for Water Power Development as Element of Compensation

Contracts--Place of Making--Acceptance by Instantaneous Means of Communication

Insurance--Automobile Liability Omnibus Clause-Coverage of Sub-Permitee

Insurance--Insurer's Right of Subrogation--Waiver by Refusal to Pay Claim

Master and Servant--Borrowed Servant Doctrine--Contract as Proof of Assumption of Control

Wills--Anti-Lapse Statutes--Beneficiaries of Class Gift Dead at Will's Execution

Trusts - Life Insurance Trusts - Contingent Unfunded Life Insurance Trust As Testamentary Disposition, Jerome K. Walsh Jr.

Michigan Law Review

Settlor named defendant bank beneficiary of eight insurance policies on his life. At the same time he entered into a trust agreement with the bank under which the bank was to hold the policies until the death of the settlor and, upon his death, collect the proceeds and distribute them according to one of two alternate methods of distribution. If his wife elected to reject the provisions made for her in his will and insisted on her statutory share of his estate, then the insurance proceeds were to be divided info four equal parts and paid to his four daughters. …

Insurance-Meaning Of 'War" In Insurance Policies, Richard W. Young S.Ed.

Michigan Law Review

In June 1950, United States military forces in Korea embarked upon an engagement that has been variously described as "war," "police action," "hostilities," and "defense against aggression." No declaration of war was made by Congress nor was a state of war proclaimed by the Chief Executive or our Communist adversaries. This unprecedented commitment of military forces in response to the recommendation of an international organization was consummated by unilateral Presidential action, with Congress only impliedly ratifying the step taken by enacting laws appropriating additional funds for the support of the armed forces in Korea. The ill-defined character of the conflict …

Insurance--Authority Of Agent To Waive Conditions Of Policy, C. S. Mcg.

West Virginia Law Review

No abstract provided.

Insurance - Recovery - Land Contract Purchaser Allowed Recovery On Both Vendee's And Vendor's Policies In Excess Of Loss, Jerome K. Walsh, Jr.

Michigan Law Review

An owner of realty entered into a contract to sell the land to the plaintiff. The vendor then took out fire insurance on his interest in the amount of $6,000 and the plaintiff obtained a policy covering his interest in the sum of $12,000, with a "three-fourths value" clause. Before performance of the contract and transfer of title, a fire occurred which caused $12,000 damage to the property. After the plaintiff paid the full contract price and took title to the property, he demanded and received an assignment of the claim under the vendor's policy. Plaintiff then brought suit on …

Insurance—Appraisal Provisions Not Enforceable, Dawn Girard

Buffalo Law Review

In re Delmar Box Co., 309 N. Y. 60, 127 N. E. 2d 808 (1955).

Insurance—Policy Interpretation, Dawn Girard

Buffalo Law Review

Harris v. Allstate Ins. Co., 309 N. Y. 72, 127 N. E. 2d 816 (1955).

Insurance—Contract To Assign Policy, Dawn Girard

Buffalo Law Review

Katzman v. Aetna Life Ins. Co., 309 N. Y. 197, 128 N. E. 2d 307 (1955).

Municipal Corporations - Tort Liability - Purchase Of Liability Insurance As Waiver Of Immunity, Alice Austin S.Ed., William C. Becker

Michigan Law Review

According to a well-established common law rule, a municipal corporation is immune to tort liability for wrongs committed in the performance of governmental or public functions, although it is liable for torts committed in the performance of corporate or proprietary functions. This immunity generally cannot be waived without the authorization of the state legislature, and this authorization must be very clearly stated. Interesting questions arise, therefore, when a municipality, with or without statutory authorization, takes out a liability insurance policy covering itself or its agents, or when it causes its agents to take out bonds for faithful performance. The questions …

Book Review, Marcella Matejka

Cleveland State Law Review

Reviewing Agent's and Buyer's Guide: the Survey Handbook, National Underwriter Company, 1956