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Articles 1 - 9 of 9
Full-Text Articles in Insurance Law
Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger
Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger
Michigan Law Review
In an action arising out of a highway collision, plaintiff sought disclosure of the amount of defendant's liability insurance in a pre-trial discovery proceeding. The defendant was adjudged to be in default for his refusal to disclose this information. On a writ of certiorari, held, the order of the trial court is quashed. Only matters which can actually be admitted and used as evidence or matters which might lead to the finding of such evidence are proper subjects of discovery under the Florida rule. The amount of defendant's insurance is not relevant to the litigation since it will accomplish …
Civil Procedure-Parties-Real Party In Interest When Insurer Has Equitable Interest In Claim, Warren K, Urbom S.Ed.
Civil Procedure-Parties-Real Party In Interest When Insurer Has Equitable Interest In Claim, Warren K, Urbom S.Ed.
Michigan Law Review
Plaintiff sued for damages to his fruit and grocery market which were allegedly caused by the negligence of defendant. Interrogatories were submitted by defendant designed to determine whether or not plaintiff had been paid the full amount of his loss by an insurance company and had assigned his claim to that company. The trial court sustained a motion to strike the interrogatories. On appeal, held, reversed, two judges dissenting. Although a tortfeasor cannot defeat an action by the insured by showing full subrogation of the insurer, he can plead an assignment of the insured's claim to show that the …
Federal Procedure-Juries-Right To Jury Trial In Actions On National Service Life Insurance Policy Claims, Morris G. Shanker S.Ed.
Federal Procedure-Juries-Right To Jury Trial In Actions On National Service Life Insurance Policy Claims, Morris G. Shanker S.Ed.
Michigan Law Review
Plaintiff brought an action against the United States on a National Service Life Insurance policy in a federal district court. Timely demand for trial by jury was made in accordance with Federal Rule 38. Held, the plaintiff was entitled to a trial by jury. That section of the Judicial Code which reenacts the Tucker Act and denies jury trials in contract actions against the United States is not applicable to National Service Life Insurance claims. Williams v. United States, (D.C. Tex. 1951) 95 F. Supp. 672.
Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed.
Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed.
Michigan Law Review
The respondent suffered a loss by fire, and being uncertain as to which party was liable to compensate for this loss, joined the petitioner and two others as defendants in a suit asking for alternative relief. The petitioner and one of the defendants were insurance corporations with residence outside the state, while the third defendant's residence was the same as that of the respondent. The corporate defendants secured removal of the case to the federal court, and on a trial of the issues, a judgment was rendered for the respondent against the petitioner in the amount of the insurance claimed …
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Michigan Law Review
Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …
Jury-Voir Dire-Actions For Negligence-Asking As To Interest In An Insurance Company, Michigan Law Review
Jury-Voir Dire-Actions For Negligence-Asking As To Interest In An Insurance Company, Michigan Law Review
Michigan Law Review
During the trial for injuries received in an automobile collision the plaintiff's attorney asked each prospective juror as to whether or not he owned stock in a named insurance company, or held a policy with it, or was an agent for it, and other questions as to whether or not the interest of an insurance company in the action would affect his decisions in the case. The company was not in fact a party to the action. The defendant assigned as error that such questions caused the jury to believe that the defendant carried insurance against loss from damages such …
Insurance - Estoppel - Parol Evidence Rule
Insurance - Estoppel - Parol Evidence Rule
Michigan Law Review
The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--Property Subject to--Goods Conditionally Sold; Bankruptcy--Receiver and Manager--Insufficient Estate--Priorities; Bankruptcy--Solicitor and Client--Account Stated Bankruptcy of Client--Trustee's Right to Go Behind Stated Account, and Require Details; Banks and Banking--Receivers in Proceedings for Dissolution--Sufficiency of Bill; Bills and Notes--Foreign Bill of Exchange--Failure to Protest; Constitutional law--Equal Protection of the Law--Regulation of Common Carrier; Contracts--Mutuality of Obligation; Corporations--Agreement to Take Shares of Stock; Damages--Mental Suffering--Wanton Wrong; Deeds--Date--Presumption as to Time of Delivery; Deeds--Description--Statement of Quantity Controlling; Elections--Certificates of Nomination--Time of Filing--Accident and Mistake Causing Delay; Evidence--Admissibility of Conversation by Telephone; Evidence--Proof of Value--An Exception to the Hearsay Rule; Husband and Wife--Estate by Entirety--application …