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Insurance Law Commons

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1962

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Institution
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Articles 1 - 20 of 20

Full-Text Articles in Insurance Law

Policyholders' Interest Income From Life Insurance Under The Income Tax, Richard Goode Dec 1962

Policyholders' Interest Income From Life Insurance Under The Income Tax, Richard Goode

Vanderbilt Law Review

Life insurance policies usually combine pure insurance and saving features. This fact is recognized by the industry and by those who draw up national economic accounts but is not fully reflected in the income tax. None of the return on saving through life insurance is taxed to a policyholder prior to the maturity, redemption, or surrender of a policy. Part of the return, but apparently only a small fraction of the total, is taxed when policies mature for reasons other than the death of the insured or are redeemed or surrendered. Inasmuch as most forms of investment income are taxable, …


Securities Issuance And Regulation: The New Indiana Securities Law, Arthur J. Pasmas Jr. Oct 1962

Securities Issuance And Regulation: The New Indiana Securities Law, Arthur J. Pasmas Jr.

Indiana Law Journal

No abstract provided.


Insurance—Jury Trial Waived By Life Insurance Beneficiary Through Dilatory Tactics, Richard S. Mayberry Oct 1962

Insurance—Jury Trial Waived By Life Insurance Beneficiary Through Dilatory Tactics, Richard S. Mayberry

Buffalo Law Review

Phoenix Mutual Life Insurance Company v. Conway, 11 N.Y.2d 367, 183 N.E.2d 754, 229 N.Y.S.2d 740 (1962).


Some Aspects Of The Omnibus Clause, David C. Lycette Sep 1962

Some Aspects Of The Omnibus Clause, David C. Lycette

Washington Law Review

The presence of an omnibus clause in automobile insurance policies can be attributed to the highly competitive nature of the insurance industry. Basically, the omnibus clause is designed to give insurance coverage to an un-named person who is driving the policyholder's automobile with the latter's consent. A standard clause reads, With respect to the insurance for bodily injury liability and for property damages liability the unqualified word "insured" includes the named insured and also includes any person while using the automobile and any organization legally responsible for the use thereof, provided the actual use is by the named insured or …


Determination Of Actual Cash Value For Insurance Purposes Sep 1962

Determination Of Actual Cash Value For Insurance Purposes

Washington and Lee Law Review

No abstract provided.


Insurance -- 1961 Tennessee Survey (Ii), Robert N. Covington Jun 1962

Insurance -- 1961 Tennessee Survey (Ii), Robert N. Covington

Vanderbilt Law Review

The Tennessee decisions in the field of insurance law during the survey period dealt almost exclusively with problems that may be characterized as the selection and control of risks. The importance of the principles used in the solution of these problems is obvious. Only by being able to select carefully those risks for which insurance will be offered can the insurer properly determine the premium that is to be charged. If policy language is interpreted to grant broader coverage than that actually intended, then the insurance fund is subjected to greater potential loss than estimated,so that the insurer's profits will …


Discovery Of Liability Insurance Under New Rules, William Erwin Barr Jun 1962

Discovery Of Liability Insurance Under New Rules, William Erwin Barr

West Virginia Law Review

No abstract provided.


The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis May 1962

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 Apr 1962

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 …


Virginia's Experience With The "Uninsured Motorist" Act, John M. Court Mar 1962

Virginia's Experience With The "Uninsured Motorist" Act, John M. Court

William & Mary Law Review

No abstract provided.


Insurance - Omnibus Clause - Unauthorized Driver Covered Where Car Used For Permitted Purpose, Richard S. Cohen Mar 1962

Insurance - Omnibus Clause - Unauthorized Driver Covered Where Car Used For Permitted Purpose, Richard S. Cohen

William & Mary Law Review

No abstract provided.


Liability Of An Insurance Carrier In Excess Of Coverage, Richard S. Cohen Mar 1962

Liability Of An Insurance Carrier In Excess Of Coverage, Richard S. Cohen

William & Mary Law Review

No abstract provided.


Materiality Of Ownership In Auto Liability Policies Mar 1962

Materiality Of Ownership In Auto Liability Policies

Washington and Lee Law Review

No abstract provided.


Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott Feb 1962

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 …


Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed. Feb 1962

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 …


Federal Taxation Of Life Insurance Wealth, R. Dale Swihart Jan 1962

Federal Taxation Of Life Insurance Wealth, R. Dale Swihart

Indiana Law Journal

No abstract provided.


Enforceability Of Temporary Binders Issued By Life Insurance Companies - Simpson V. Prudential Insurance Co. Of America, J. Frederick Sharer Jan 1962

Enforceability Of Temporary Binders Issued By Life Insurance Companies - Simpson V. Prudential Insurance Co. Of America, J. Frederick Sharer

Maryland Law Review

No abstract provided.


Taxability Of Life Insurance Proceeds Paid To Stockholders Of Closely Held Corporations Jan 1962

Taxability Of Life Insurance Proceeds Paid To Stockholders Of Closely Held Corporations

Indiana Law Journal

No abstract provided.


Labor Law-Duty To Bargain-Disclosure To Union Of Costs Of Noncontributory Group Insurance, Burton L. Raimi Jan 1962

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 Jan 1962

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 …