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

Insurance Law Commons

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

Articles 1 - 5 of 5

Full-Text Articles in Insurance Law

Damages - Insurance Contract - Right To Recover Present Worth Of Future Payments On Life Policy, James W. Mehaffy Dec 1937

Damages - Insurance Contract - Right To Recover Present Worth Of Future Payments On Life Policy, James W. Mehaffy

Michigan Law Review

An insurance policy provided for the payment of 3 1/2 per cent interest on the amount due beneficiaries until they attained the age of 21, then payment of the entire amount. The policy also contained a double indemnity clause. The insured died under circumstances leaving it doubtful whether the double amount should be paid. Upon application by the guardian of the minor beneficiaries for payment of the double amount in the manner stipulated, the defendant company refused payment of more than the face value of the policy on the ground that the proofs of accidental death were not sufficient. Plaintiff …


Insurance - When Contracts For Contingent Performance Of Acts Other Than Payment Of Money Constitute Insurance, Charles W. Allen Dec 1937

Insurance - When Contracts For Contingent Performance Of Acts Other Than Payment Of Money Constitute Insurance, Charles W. Allen

Michigan Law Review

A recent case presents the many difficulties that confront the courts in determining whether a given contract is one of insurance. Plaintiff was a glazier. For a fixed payment he agreed with his customers that during a certain period he would repair and replace, if broken, their store-front glass. Penal proceedings were instituted against plaintiff for failure to comply with the insurance laws. He brought an action to enjoin prosecution of the proceedings. It was held that the contracts were not insurance contracts and that plaintiff was entitled to the injunction.


Insurance - Automobile Insurance - "Passengers For Consideration", Jacob L. Keidan Nov 1937

Insurance - Automobile Insurance - "Passengers For Consideration", Jacob L. Keidan

Michigan Law Review

In an action upon an automobile liability insurance policy, defendant sought to avoid liability by proof of voluntary payments made to the insured by the plaintiff subsequent to the beginning of the trip. It was held that since no agreement for payment was made prior to the trip the insured was not then carrying "passengers for consideration" within the meaning of the clause contained in the policy for the purpose of protecting the insurer against such use of the vehicle. Reed v. Bloom, (D. C. Okla. 1936) 15 F. Supp. 600.


Insurance - Execution For A Criminal Offense, Herman J. Bloom Mar 1937

Insurance - Execution For A Criminal Offense, Herman J. Bloom

Michigan Law Review

The insured was convicted and legally executed for the crime of rape. The beneficiary sued on a life insurance policy which contained no express exemption from liability in the event of death resulting from the legal execution of the insured. The court held that the beneficiary was entitled to recover under the public policy as declared in the constitutional provision against corruption of blood and forfeiture of estate. Progressive Life Insurance Co. v. Dean, (Ark. 1936) 97 S. W. (2d) 62.


Insurance - Life Insurance -Waiver Of Premiums During Disability, Charles W. Allen Feb 1937

Insurance - Life Insurance -Waiver Of Premiums During Disability, Charles W. Allen

Michigan Law Review

Action by guardian of the insured, who had become insane, for disability benefits under a life insurance policy and for a decree that the policy had not lapsed. The policy contained a typical provision for waiver of premiums and benefit payments during disability. No proof of disability was made until after default in premium payments. Held, that the insured's insanity did not excuse the failure to make proof before default and the policy had lapsed. Reingold v. New York Life Ins. Co., (C. C. A. 9th, 1936) 85 F. (2d) 776.