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Articles 1 - 11 of 11
Full-Text Articles in Insurance Law
Insurance - Insurable Interest In Life - Right Of Insured To Designate Beneficiary Without Insurable Interest, William D. Sutton
Insurance - Insurable Interest In Life - Right Of Insured To Designate Beneficiary Without Insurable Interest, William D. Sutton
Michigan Law Review
The Metropolitan Life Insurance Company issued a group insurance policy in the sum of $500 upon the life of appellant's husband. The husband paid all the premiums and designated a niece, appellee, the beneficiary therein. Several years prior to the issuance of the policy appellant had ceased to live with the insured, although a divorce had never been obtained. Appellant contested the recovery of the proceeds by appellee on the ground that said niece had no insurable interest in the life of insured. Held, judgment of the trial court awarding proceeds to appellee affirmed, on the ground that appellee …
Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee
Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee
Michigan Law Review
Plaintiff insured the defendant against loss on his car due to collision, paid its liability when the defendant's car was damaged by a third party, and took an assignment of plaintiff's claim against the third party to that extent. Defendant then released the third party from liability and plaintiff brought this action to recover the amount paid to the defendant. Held, plaintiff could recover from defendant only for the loss it had sustained by the release, and since plaintiff had failed to prove it could have recovered anything from defendant, it had shown no cause of action. Century Ins. …
Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon
Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon
Michigan Law Review
When a person carrying a life or accident insurance policy dies as the result of an act committed by him in violation of the law, the beneficiaries may or may not be precluded from recovering upon it. In the absence of a special exclusionary clause, the general view is that the beneficiary may recover. However, if it appears that at the time the insured took out the policy he intended to commit a crime recovery is barred, at least if the death occurred within the contestability period. In order to delimit from the general coverage provisions the risks that would …
Insurance -What Constitutes "Marks Of Force And Violence" Within The Meaning Of A Policy Of Safe Burglary Insurance?, W. Wallace Kent
Insurance -What Constitutes "Marks Of Force And Violence" Within The Meaning Of A Policy Of Safe Burglary Insurance?, W. Wallace Kent
Michigan Law Review
P sued to recover on a policy of safe burglary insurance which required that the entry into the safe must have been "made by force and violence of which there shall be visible marks made by tools . . . or other chemicals." P's employee was forced to open the safe, after having been struck on the head with a gun, and in so doing the employee left blood stains on the safe. P contended that the policy was ambiguous in its terms and that the blood on the safe, having chemical qualities, demonstrated the use of chemicals to …
Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer
Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer
Michigan Law Review
Plaintiff insured had suffered from diabetes since 1932. Defendant insurance company paid disability benefits till 1937 and thereafter refused to make further payments on the ground that plaintiff had refused to avail himself of the insulin and dietary treatment advised by his physician. Such treatment is neither dangerous, painful, nor detrimental to the patient. From an order sustaining plaintiff's demurrer to defendant's answer, defendant appealed. Held, plaintiff's demurrer sustained. The policies as written define the rights and duties of the contracting parties and should be construed as written. The court will not read into policies by operation of law …
Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers
Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers
Michigan Law Review
Stanfield recovered judgment against W. C. McBride, Inc. for personal injuries suffered in an automobile accident which was occasioned by the negligence of Strunk, employee of the McBride company, who at the time of the accident was driving (with the owner's consent) an automobile owned by the Miller-Morgan Auto Company. The McBride company in turn recovered a judgment against its employee, Strunk, and now as garnishor seeks to reach an insurance policy issued to the Miller-Morgan company which at the time of its issuance contained an omnibus clause insuring all persons driving the insured car with the consent of the …
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, …
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 …
Taxation -- Insurance And Annuity Contracts Under The Federal Estate Tax -- Differentiation And Theories Of Taxation, Charles F. Dugan
Taxation -- Insurance And Annuity Contracts Under The Federal Estate Tax -- Differentiation And Theories Of Taxation, Charles F. Dugan
Michigan Law Review
In the taxpayer's quest for methods of avoidance of the federal estate tax, one field seems to have been generally overlooked; viz., annuity contracts that are so similar to insurance policies as to be treated like the latter for tax purposes, thus securing the benefit of the $40,000 exemption in section 302 (g). Various reasons might be suggested why this should be so, but the fact remains that there has been practically no discussion of the subject in legal publications and, until the recent case of Old Colony Trust Co. v. Commissioner of Internal Revenue, no litigation involving the …
Insurance - Legal Execution Of Insured As A Defense, G. Randall Price
Insurance - Legal Execution Of Insured As A Defense, G. Randall Price
Michigan Law Review
Insured was convicted of murder and legally executed by the state. Plaintiff is the beneficiary of his life insurance policy. Held, no recovery on the ground that the risk of legal execution was impliedly excepted in the policy as a matter of law. Southern Life & Health Ins. Co. v. Whitfield, (Ala. 1939) 190 So. 276.
Insurance - Construction Of Exception Clause "Participating In Aviation", Michigan Law Review
Insurance - Construction Of Exception Clause "Participating In Aviation", Michigan Law Review
Michigan Law Review
The insured was killed while riding as a fare-paying passenger on a commercial transport airplane. Plaintiff, decedent's wife, brought suit on his accident insurance policy and recovered. Held, on appeal, that the insured was not "participating in aviation or aeronautics" within the terms of an accident policy excluding indemnity for death resulting from "participation in aviation or aeronautics." Massachusetts Protective Assn. v. Bayersdorfer, (C. C. A. 6th, 1939) 105 F. (2d) 595.