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Articles 1 - 6 of 6
Full-Text Articles in Insurance Law
The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis
The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis
Michigan Law Review
When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person. Combinations of these three solutions are possible by applying sometimes …
Insurance-Rate Regulation-Construction And Effect Of Guaranty Bond Agreement, Robert L. Harmon
Insurance-Rate Regulation-Construction And Effect Of Guaranty Bond Agreement, Robert L. Harmon
Michigan Law Review
Plaintiff, an insurance agents' association and several other insurance companies and associations, instituted an action attacking an order of the State Board of Insurance. The order approved a guaranty bond form, together with rates and rules, which had been submitted to ,the Board pursuant to statute by the defendant insurance company. The guaranty agreement was an arrangement whereby defendant guaranteed payment of losses under fire insurance policies of other insurers in the event the latter should be unable to pay. Although the bond form was not restricted to any specific original insurers, it was contemplated that defendant would use ,the …
Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed.
Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed.
Michigan Law Review
Contracts indemnifying persons or corporations for losses and damage resulting from an interruption of business due to strikes have existed at least since the beginning of this century. The Mutual Security Company of Connecticut, for example, wrote such a policy for the Buffalo Forge on April 9, 1906. In more recent times, strike insurance agreements have been instituted in major industries, and their impact on collective bargaining has been the subject of some controversy. The purpose of this comment is to consider the federal income tax questions which arise from such arrangements. Specifically, attention is directed to the deductibility of …
Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott
Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott
Michigan Law Review
The plaintiff, as trustee in bankruptcy of the insured, sued the defendant insurer to recover damages resulting from a judgment entered against the insured in a personal injury suit. This judgment subjected the insured to a liability of 89,000 dollars in excess of the 10,000 dollar automobile liability_ coverage carried with the insurer. The insurer, pursuant to its policy, had undertaken the insured's defense and had failed, allegedly in bad faith, to settle the suit for an amount within the limits of its coverage. Before judgment was entered in the personal injury suit the insured was insolvent; six months following …
Labor Law-Duty To Bargain-Disclosure To Union Of Costs Of Noncontributory Group Insurance, Burton L. Raimi
Labor Law-Duty To Bargain-Disclosure To Union Of Costs Of Noncontributory Group Insurance, Burton L. Raimi
Michigan Law Review
In the course of bargaining for a new contract with an employer, the union requested information regarding the costs and benefits of a noncontributory group health insurance program which the employer provided for its employees. Petitioner provided a breakdown of the plan's benefits but refused to disclose its cost. Charging that this refusal amounted to a violation of the employer's statutory duty to bargain in good faith about "wages,'' the union procured the issuance of a complaint by the National Labor Relations Board. The trial examiner concluded that such costs were costs of production rather than wages and consequently did …
Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner
Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner
Michigan Law Review
Recent Illinois legislation subjects foreign insurers who are not authorized to do business in Illinois and who circulate false advertising there to the jurisdiction of the state courts and the State Insurance Commissioner. When the Insurance Commissioner is informed of false or misleading advertising, he is to notify the supervisory insurance official of the domicile state of the foreign insurer. If this notice does not result in the cessation of the activity, the Commissioner may proceed against the insurer under the state's Unfair Trade Practice Act. Since the typical mail order insurer will not have agents or property within the …