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Articles 1 - 19 of 19

Full-Text Articles in Insurance Law

The Effect Of Public Policy On The Liability Of An Insurer Where The Insured Has Been Executed For The Commission Of A Crime, Mose E. Boiarsky Dec 1935

The Effect Of Public Policy On The Liability Of An Insurer Where The Insured Has Been Executed For The Commission Of A Crime, Mose E. Boiarsky

West Virginia Law Review

No abstract provided.


Insurance--Alteration Of Material Fact By Applicant Between Date Of Application And Issuance Of Policy Dec 1935

Insurance--Alteration Of Material Fact By Applicant Between Date Of Application And Issuance Of Policy

West Virginia Law Review

No abstract provided.


Contracto-Impossibility As An Excuse For Failure To Perform Conditions In Insurance Policies Requiring Notice Of Loss Dec 1935

Contracto-Impossibility As An Excuse For Failure To Perform Conditions In Insurance Policies Requiring Notice Of Loss

Michigan Law Review

Policies of insurance invariably contain provisions to the effect that, upon occurrence of the event insured against, notice thereof shall be given to the insurer. As in the normal contract, such condition qualifies the undertaking of the promisor unless its performance is legally excused. In actions for breach of promise, impossibility of performance has been held to constitute a good defense to the suit for damages in certain instances, though the early rule was that payment of damages was never impossible and hence impossibility of performance was no defense in an action for breach. It is to be noted that …


Insurance - Friendly Fires - Cigarette Scorch Claims Nov 1935

Insurance - Friendly Fires - Cigarette Scorch Claims

Michigan Law Review

The plaintiff had insured certain household goods against fire under a standard policy with the defendant company. One day a burning cigarette was found beneath a smoking-stand and on a rug which was included among the insured articles; it had burned a small hole in the rug, for which damage the defendant company refused to pay and plaintiff brought suit. The company claimed that the fire in the cigarette was a "friendly" fire, and that in order to show a right to a recovery the plaintiff must prove that the damage was done by a secondary, or "hostile," fire set …


Tort Liability Of Insurer For Failure To Act Promptly On Application, R. Doyne Halbritter Jun 1935

Tort Liability Of Insurer For Failure To Act Promptly On Application, R. Doyne Halbritter

West Virginia Law Review

No abstract provided.


Insurance--Effect Of Legal Execution Of Insured For Crime, Herschel H. Rose Jr. Jun 1935

Insurance--Effect Of Legal Execution Of Insured For Crime, Herschel H. Rose Jr.

West Virginia Law Review

No abstract provided.


Corporations-Section 77b Of The Bankruptcy Act-To What Corporations It Applies May 1935

Corporations-Section 77b Of The Bankruptcy Act-To What Corporations It Applies

Michigan Law Review

Creditors of a title and mortgage company which had gone into receiver's hands petitioned for a reorganization of the company under Section 77B of the Bankruptcy Act. Held, that the company was an insurance corporation. Insurance corporations are not amenable to Section 77B. Petition for reorganization dismissed. In re New York Title and Mortgage Co., (D. C. N. Y. 1934) 9 F. Supp. 319.


Fraudulent Conveyances - Change Of Beneficiary Of Life Insurance Policy Formerly Payable To Insured's Estate May 1935

Fraudulent Conveyances - Change Of Beneficiary Of Life Insurance Policy Formerly Payable To Insured's Estate

Michigan Law Review

An insurance company filed a bill of interpleader to determine disposition of the proceeds of a term policy on the life of one Fitzpatrick, now deceased. Claimants are the administrator, representing creditors, and the deceased's two sons. The policy had been issued payable to insured's estate, but reserved the right to change the beneficiary. A few days before his death (by suicide) deceased sent the company an application for change of beneficiary to his two minor sons. He was then hopelessly insolvent, and the administrator claims that the change of beneficiary was a fraudulent conveyance within the terms of the …


Contracts - Beneficiaries - Injured Party As Beneficiary Of Public Liability Insurance Policy May 1935

Contracts - Beneficiaries - Injured Party As Beneficiary Of Public Liability Insurance Policy

Michigan Law Review

Plaintiff recovered judgment against the insured for injuries received in an automobile accident. The judgment being unsatisfied, plaintiff sued the insurer on its public liability policy. Held, the policy by implication intended a benefit to the injured person and he may sue as a creditor-beneficiary. Ohio Casualty Ins. Co. v. Beckwith, (C. C. A. 5th, 1935) 74 F. (2d) 75.


Insurance--Statutes--Admissibility Of Evidence Of Conviction Of Non Felonious Killing Of Insured By Beneficiary, Houston A. Smith Apr 1935

Insurance--Statutes--Admissibility Of Evidence Of Conviction Of Non Felonious Killing Of Insured By Beneficiary, Houston A. Smith

West Virginia Law Review

No abstract provided.


Intent To Deceive In Applications For Insurance Policies, Leo D. Bloch Apr 1935

Intent To Deceive In Applications For Insurance Policies, Leo D. Bloch

Washington Law Review

In any type of insurance, the determination of the insurance company to assume the risk with regard to any particular person or thing is based on the application submitted by the person desiring the insurance. It is through the medium of the application that the company secures the information which it desires with regard to the particular risk. Logically, therefore, the insurance company should be protected if incorrect statements are made in the application. On the other hand, the insured is entitled to be protected by the insurance when he has been paying premiums and basing his conduct on the …


Insurance-Delay In Acting On Application-Tort Liability Mar 1935

Insurance-Delay In Acting On Application-Tort Liability

Michigan Law Review

Plaintiff sued for damages for alleged negligence of defendant in failing to take action within a reasonable time upon plaintiff's application for a policy of health and accident insurance, plaintiff having paid defendant's soliciting agent the premium quoted by him. Held, there is no liability, since there is no duty for defendant to accept or reject an application within a reasonable time. Schliep v. Commercial Casualty Ins. Co., 191 Minn. 479, 254 N. W. 618 (1934).


Clauses Excluding Aviation Injury And Death As Risks Not Assumed In Life Or Accident Insurance Policy, Byron K. Elliott Feb 1935

Clauses Excluding Aviation Injury And Death As Risks Not Assumed In Life Or Accident Insurance Policy, Byron K. Elliott

Indiana Law Journal

No abstract provided.


Insurance--Liability Insurance--Excepted Risks--Effect Of Absence Of Causative Connection, R. Doyne Halbritter Feb 1935

Insurance--Liability Insurance--Excepted Risks--Effect Of Absence Of Causative Connection, R. Doyne Halbritter

West Virginia Law Review

No abstract provided.


Insurance-Accidental Means Distinguished From Accidental Result-Sunstroke Jan 1935

Insurance-Accidental Means Distinguished From Accidental Result-Sunstroke

Indiana Law Journal

No abstract provided.


Insurance - Sunstroke As "Accidental Means" Jan 1935

Insurance - Sunstroke As "Accidental Means"

Michigan Law Review

Insured died as a result of sunstroke suffered while playing golf. Held, Justice Cardozo dissenting, that the beneficiary could not recover because sunstroke was not an "accidental means" within a policy insuring against "death from bodily injuries effected directly and independently of all other causes through external, violent, and accidental means." Landress v. Phoenix Mutual Life Ins. Co., 291 U. S. 491, 54 Sup. Ct. 461, 90 A. L. R. 1382 (1934).


Equitable Conversion As Affecting Purchaser's Rights To Vendor's Insurance Policy, Harry I. Stegmaier Jan 1935

Equitable Conversion As Affecting Purchaser's Rights To Vendor's Insurance Policy, Harry I. Stegmaier

Kentucky Law Journal

No abstract provided.


Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident Jan 1935

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 …


Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy Jan 1935

Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy

Michigan Law Review

An infant sued by his next friend to disaffirm a contract of insurance on his own life, in which his mother and sister were named as beneficiaries, and to recover premiums paid. The insurance company claimed the right to deduct for the protection furnished insured during the continuance of the policy, but there was nothing in the record to show what this protection had cost the company. Held, the Chief Justice dissenting, the insured was entitled to recover the full amount paid. Mutual Life Ins. Co. of New York v. Schiavone, (App. D. C. 1934) 71 F. (2d) …