Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 12 of 12

Full-Text Articles in Law

Insurance - Supervision By The State - What Constitutes The Insurance Business, Thomas E. Wilson Dec 1938

Insurance - Supervision By The State - What Constitutes The Insurance Business, Thomas E. Wilson

Michigan Law Review

Plaintiff, a corporation, advertised that any person who bought goods from certain selected stores would be entitled to receive coupons, and when his coupons amounted to a certain sum he would be entitled to certain death and security benefits up to specified amounts. Plaintiff brought suit against the Insurance Commissioner of Pennsylvania to enjoin him from interfering with the plaintiff's business. Held, that the plaintiff was carrying on an insurance business and was subject to supervision by the Insurance Commissioner. Hunt v. Public Mutual Benefit Foundation, (C. C. A. 3d, 1938) 94 F. (2d) 749, certiorari denied (U. …


Life Insurance Proceeds As Community Property, Russell V. Hokanson Nov 1938

Life Insurance Proceeds As Community Property, Russell V. Hokanson

Washington Law Review

The past year has witnessed the closing by judicial decision of two important gaps in the Washington community property law, both relating to life insurance proceeds. The first case in point of time, Occidental Life Insurance Company v. Powers, announced the rule that where the husband changes the beneficiary of a life insurance policy which is the property of the community because issued on the life of the husband during marriage and paid for with community funds, without the consent or knowledge of the wife, the former beneficiary, the attempted gift by the husband is ineffective and the wife may …


Insurance - When Is A Person Engaging In The Insurance Business, Thomas E. Wilson Nov 1938

Insurance - When Is A Person Engaging In The Insurance Business, Thomas E. Wilson

Michigan Law Review

Defendant was secretary of a retail grocers association which maintained a so-called "Plate Glass Fund," for members only, administered by the defendant without compensation. The members paid into the fund a certain sum annually, depending on the amount of glass they wanted protected, and in the event of breakage it was replaced. Surplus funds were returned to the members. The certificates of membership expressly stipulated that the fund was not an insurance or indemnity company. Defendant was prosecuted and convicted for conducting an unauthorized insurance business. Held, the defendant was engaging in the insurance business, and conviction was sustained. …


Insurance-Presumption Of Survivorship Aug 1938

Insurance-Presumption Of Survivorship

Indiana Law Journal

No abstract provided.


The Incontestability Clause In Life Insurance Policies, E. H. B. Jun 1938

The Incontestability Clause In Life Insurance Policies, E. H. B.

West Virginia Law Review

No abstract provided.


Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review Apr 1938

Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review

Michigan Law Review

Statutes, in some two-thirds of the forty-eight states, have the approximate effect of changing all warranties in life insurance policies into representations. And in most of the remaining states the courts have interpreted statements of the applicant as representations rather than warranties wherever there has been room for doubt, to avoid the harshness of the rules governing a breach of warranty. The effect of all this is to eliminate immaterial misrepresentations of fact from the list of the insurer's possible defenses, and to increase the importance of determining when a misrepresentation is material, and by whom that inquiry is to …


Contract For The Benefit Of Third Persons--Liability Of Insurer On Malpractice Policy To Injured Party, H. G. W. Feb 1938

Contract For The Benefit Of Third Persons--Liability Of Insurer On Malpractice Policy To Injured Party, H. G. W.

West Virginia Law Review

No abstract provided.


Limitation Of Actions--Statute Of Limitations Applied To Quasi-Contractual Rights Arising Upon Anticipatory Breach Of An Existing Contract, A. L. B. Feb 1938

Limitation Of Actions--Statute Of Limitations Applied To Quasi-Contractual Rights Arising Upon Anticipatory Breach Of An Existing Contract, A. L. B.

West Virginia Law Review

No abstract provided.


Interpretation Of Disability Insurance Policies - New England Life Insurance Co. V. Hurst Jan 1938

Interpretation Of Disability Insurance Policies - New England Life Insurance Co. V. Hurst

Maryland Law Review

No abstract provided.


Duty Of Liability Insurer To Compromise Litigation, John A. Appleman Jan 1938

Duty Of Liability Insurer To Compromise Litigation, John A. Appleman

Kentucky Law Journal

No abstract provided.


Interpretation Of Disability Insurance Policies - New England Life Insurance Co. V. Hurst Jan 1938

Interpretation Of Disability Insurance Policies - New England Life Insurance Co. V. Hurst

Maryland Law Review

No abstract provided.


Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review Jan 1938

Judgments - Declaratory Judgments - Scope Of The Federal Act, Michigan Law Review

Michigan Law Review

After the insured had made formal claims for total disability benefits for four years without bringing action to enforce them, the insurer, having at all times denied the total disability of the insured, brought suit in a federal district court for a declaration that it was not liable for the benefits claimed and that the policies had lapsed for non-payment of premiums. The district court granted a motion to dismiss because the insurer failed to present a "controversy" within the Federal Constitution and the Declaratory Judgments Act and because the insurer had no "rights or other legal relations" to be …