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- Allin v. Motorists' Alliance (1)
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Articles 1 - 8 of 8
Full-Text Articles in Insurance Law
Insurance - Accidental Means - Death By Carbon Monoxide Poisoning
Insurance - Accidental Means - Death By Carbon Monoxide Poisoning
Michigan Law Review
The insured died from the effects of carbon monoxide gas generated by an automobile in a closed garage. The policy which he held in the defendant company provided for compensation only if the means of death were accidental, and the insurer-resisted the claim of his beneficiary for the reason that, even if the death was accidental, it was not a death by accidental means. Held, that if the result is unexpected, death resulting from an intententional act is a death by accidental means. Wiger v. Mutual Life Ins. Co. of New York (Wis. 1931) 236 N.W. 535.
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 …
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Michigan Law Review
Plaintiff, lessee, covenanted to keep the leased premises in repair. His lease contained an option to purchase. During his term the building burned, and the lessor recovered on his policy. The plaintiff then elected to exercise his option, and, upon vendor's refusal to apply the insurance proceeds on the purchase price, brought this action against the lessor and the insurer. Plaintiff's argument, that, had he repaired, the loss would actually have fallen on him, and that his purchase had the same ultimate effect, did not appeal to the court, and it was held that defendant-lessor-vendor might retain the insurance money. …
Recognition Cases In American Courts, 1923-1930, John S. Tennant
Recognition Cases In American Courts, 1923-1930, John S. Tennant
Michigan Law Review
Although the Soviets have maintained complete, uninterrupted, and practically undisputed control over most of the territory of the former Russian Empire for more than ten years, the United States still refuses to recognize the Soviet government as the international representative of Russia. The first general consideration of the legal situation engendered by the policy of our government was contained in an article by Professor Edwin D. Dickinson, "The Unrecognized Government or State in English and American Law,'' which appeared in the Michigan Law Review in 1923. In view of the importance of this matter, and the number of cases involving …
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Michigan Law Review
The plaintiff insured articles of Jewelry for the defendant against loss. Defendant was unable to find a necklace covered by the policy in question and after an unsuccessful search the parties entered into an agreement whereby the defendant consented to accept other jewelry, equal in value to the necklace, as compensation for the loss. Later the necklace was found, and the plaintiff seeks rescission of the agreement and specific restitution of the articles delivered pursuant thereto. Held, payment made in settlement of an insurance claim may not be rescinded on the basis of mistake of fact as to the …
Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents
Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents
Michigan Law Review
Plaintiff, a licensed insurance broker in New Jersey, sued for commissions due for services performed as the local agent of two licensed foreign fire insurance companies. The claim was for twenty-five per cent of the premiums. The defense relied on a New Jersey statute which made unlawful the payment of commissions in excess of a reasonable amount or at a rate higher than that paid to any one of the insurer's local agents. The defendant set up that it had local agents receiving commissions of but twenty per cent. Plaintiff attacked the constitutionality of the statute. Held, four justices …
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Michigan Law Review
If an applicant for life insurance, in answering the many questions put to him by the company's medical representative, tells the truth, but the examiner, in recording the answers, distorts them without the knowledge of the insured, may the beneficiary or the personal representative of the insured show this distortion by parol, and collect on the policy in spite of the presence of false written answers in the application? The New York court of appeals, in the very recent case, Minsker v. John Hancock Mutual Life Insurance Co., 254 N. Y. 333, 173 N.E. 4, answers this question in …
Insurance-Automobile Club Membership-Contract To Furnish Legal Services
Insurance-Automobile Club Membership-Contract To Furnish Legal Services
Michigan Law Review
Complainant automobile club agreed to furnish its members with the services of an attorney, but not to pay judgments rendered, in any action brought by or against any member as a result of the ownership, or operation, of his automobile. Held, a contract of insurance. Allin v. Motorists' Alliance (Ky. 1930) 29 S.W. (2d) 19.