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Evidence-Probative Value Of Inferences From Failure To Call A Witness, Cleaveland J. Rice S.Ed.
Evidence-Probative Value Of Inferences From Failure To Call A Witness, Cleaveland J. Rice S.Ed.
Michigan Law Review
lnsured sued to recover sickness benefits under an insurance policy. The defense was that the insured was not in good health when the policy was issued. The only evidence introduced by the defendant insurance company was plaintiff's refusal to consent to taking the deposition of an examining hospital physician. Defendant's request for a directed verdict on the issue of good health was refused. After being instructed that from the refusal to permit taking of the deposition they might "presume that such evidence . . . would operate against plaintiff and be against his interest in this suit," the jury returned …
Insurance-Reinstatement-''Insurability", Joseph G. Egan S.Ed.
Insurance-Reinstatement-''Insurability", Joseph G. Egan S.Ed.
Michigan Law Review
lnsured took out a policy of life insurance with defendant company which contained a clause providing for reinstatement within five years after default on presentation "of evidence of insurability satisfactory to the company" and payment of overdue premiums with interest. After default in payment of premiums, insured requested reinstatement. The insured had taken up aviation in the interval between issuance of the policy and the request for reinstatement. The company agreed to reinstate on condition that the insured would agree to a modification of the policy, so that it would not cover death resulting from operation of any kind of …