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Full-Text Articles in Insurance Law
Insurance-Application Of "Incontestable" Clause In A Life Insurance Policy To Defenses Arising Out Of Application For Reinstatement, Walter L. Dean S.Ed.
Insurance-Application Of "Incontestable" Clause In A Life Insurance Policy To Defenses Arising Out Of Application For Reinstatement, Walter L. Dean S.Ed.
Michigan Law Review
An agreement to limit the contest period in which other than specifically excepted defenses on the policy can be raised by the insurer is a common feature in a modem life insurance contract. Such a clause gives the policy holder and the beneficiary a guaranty against expensive litigation after the lapse of the specified period while reserving to the insurer a reasonable opportunity to challenge the validity of the policy.
Simulation Of Nervous And Mental Disease, Moses Keschner
Simulation Of Nervous And Mental Disease, Moses Keschner
Michigan Law Review
Simulation may be defined as a wilful, deliberate and fraudulent imitation or exaggeration of illness intended to deceive the observer for the purpose of gaining a consciously desired end. Simulation of a physical or mental illness is usually resorted to: (1) by persons who have sustained an injury, the disability resulting therefrom being compensable by benefits payable under the workmen's compensation law or by damages in personal injury actions based on alleged negligence; (2) by persons who wish to obtain insurance benefits for disability in accordance with the provisions of health, accident and life insurance policies, and included in this …
Insurance-Misrepresentation-False Answers Inserted In Application By Soliciting Agent, Milton D. Solomon S.Ed.
Insurance-Misrepresentation-False Answers Inserted In Application By Soliciting Agent, Milton D. Solomon S.Ed.
Michigan Law Review
The plaintiff brought this action against the defendant insurance company as beneficiary of a life insurance policy. The insured signed the application in blank and the soliciting agent inserted false answers to questions in the application concerning medical attendance and prior application for insurance. The application was inserted in and became a part of the policy. The policy was mailed by the defendant to the insured with a return post-card wherein it was stated that the statements on the application were correct and that the insured was in good health. The card was signed by the insured, witnessed by the …
Insurance - False Statements In Application - Implied Knowledge Of Insurance Company As Ground For Waiver, Michigan Law Review
Insurance - False Statements In Application - Implied Knowledge Of Insurance Company As Ground For Waiver, Michigan Law Review
Michigan Law Review
In a suit by the beneficiary on a life insurance policy, the insurance company defended on the ground that the insured knowingly had made false statements material to the risk in his application and therefore the company had a right to rescind the contract. The insured's false statements were to the effect that he had never been refused insurance on a former application, whereas in fact the John Hancock Insurance Co. had rejected his application in the preceding year. Both the John Hancock Co. and the defendant insurer were members of a common agency which gave information to its members …
Insurance - Insurable Interest - Occupant Or Possessor Of Realty, Raymond H. Rapaport
Insurance - Insurable Interest - Occupant Or Possessor Of Realty, Raymond H. Rapaport
Michigan Law Review
Plaintiff sued upon an insurance policy, issued to her by the defendant, covering a building in which she was conducting a merchandising business. The building was owned in fee by the plaintiff's father-in-law, who had told the plaintiff that she might occupy it so long as she wished, and that he intended to deed it to her and her children. Held, plaintiff had an insurable interest in the building. Liverpool & London & Globe Ins. Co. v. Bolling, (Va. 1940) 10 S. E. (2d) 518.
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 - Life Insurance -Waiver Of Premiums During Disability, Charles W. Allen
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.
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Michigan Law Review
Plaintiff, a boy of six, was struck by an automobile driven by the insured's brother who, after investigation, found no apparent injury and was so informed by the boy's mother. A week later the driver reported the affair to the insured. Two weeks after the accident the insured was notified of the plaintiff's claim. A week later, three weeks after the accident, the insurer was notified. The policy of liability insurance provided that "upon the occurrence of death or personal injuries or any accident covered by this policy, the assured shall as soon as practicable after learning thereof, give written …