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Full-Text Articles in Insurance Law
Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams
Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams
Michigan Law Review
Almost daily, newspapers recount the details of another automobile accident or airplane crash in which numerous persons are killed--a common disaster. And determination of survivorship in common disaster cases presents some of the most vexing problems that lawyers and judges meet. Lawyers must search for evidence, frequently hard to obtain, and then must face difficult questions of relevancy, materiality, and probative value, since in almost all cases where any evidence is available it is wholly circumstantial. Judges must decide preliminary disputes over who shall bear the burden of proof, and then must rule on the sufficiency of evidence, which is …
Insurance - Gift Of Life Insurance Policy, Robert A. Solomon
Insurance - Gift Of Life Insurance Policy, Robert A. Solomon
Michigan Law Review
The employer insured his employees under a group insurance plan. Each employee was given a certificate evidencing his personal insurance. The master policy contained a provision that no assignment should be binding until the original or duplicate of the certificate was filed at the insurer's home office. It was established by the evidence that there had been a manual delivery of one of the certificates by an employee. The insurance company paid the amount 0£ that particular certificate into court. Held, in an action by the plaintiff, the alleged donee, against the estate of the insured, the named beneficiary, …