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Insurance - Fire Insurance - Jewelry Thrown Into Furnace Dec 1932

Insurance - Fire Insurance - Jewelry Thrown Into Furnace

Michigan Law Review

Plaintiff had a fire insurance policy covering household goods, including jewelry. Plaintiff's servant, not realizing that an envelope contained two rings, threw the envelope into a waste basket, the contents of which were later thrown into the furnace. In a suit upon the policy a judgment was directed against the defendant. On appeal, it was held, two justices dissenting, that the loss was not covered by the policy because the fire was "friendly" rather than "hostile." Harter v. Phoenix Ins. Co., 257 Mich. 163, 241 N. W. 196 (1932).


Insurance--Prohibited Articles Warranty--Forfeiture Of Policy, August W. Petroplus Jun 1932

Insurance--Prohibited Articles Warranty--Forfeiture Of Policy, August W. Petroplus

West Virginia Law Review

No abstract provided.


Evidence--Seven Years Absence--Presumption Of Time Of Death, Elizabeth H. Simonton Apr 1932

Evidence--Seven Years Absence--Presumption Of Time Of Death, Elizabeth H. Simonton

West Virginia Law Review

No abstract provided.


Taxation--Unearned Fire Insurance Premiums As Deductible Indebtedness, Kingsley R. Smith Apr 1932

Taxation--Unearned Fire Insurance Premiums As Deductible Indebtedness, Kingsley R. Smith

West Virginia Law Review

No abstract provided.


Insurance - Accidental Means - Unlawful Conduct- Public Policy Mar 1932

Insurance - Accidental Means - Unlawful Conduct- Public Policy

Michigan Law Review

Insured was shot by police officers while attempting to escape in a car which he and his companions had just stolen. The officers had no specific intent to kill, but did intend to make the arrest and were shooting to frighten the felons into stopping. The policy contained no specially exempted risks, but did provide for additional indemnity if the insured died of injuries sustained solely through "external, violent, and accidental means." The face value of the policy was not contested, but the insurer contested the right to the additional sum. Held, the death was not caused by accidental …


Insurance - Subrogation Of Insurer To Insured's Claim Against A Quasi-Surety Mar 1932

Insurance - Subrogation Of Insurer To Insured's Claim Against A Quasi-Surety

Michigan Law Review

A, a loan broker, by forging the name of the plaintiff's attorney to a certificate of title, secured title insurance from the plaintiff guaranteeing the X loan association against loss by reason of defect in the mortgagor's title. The mortgagor was a non-existent person whose name A had forged to the note and mortgage. X drew a check on the defendant bank payable to the mortgagor, turning it over to A for delivery. A forged the mortgagor's name and collected from the defendant bank. Upon paying the X loan association on the insurance policy, the plaintiff sought to be subrogated …


Insurance - "Liability" Of "Indemnity" Contract - "No Action" Clause Feb 1932

Insurance - "Liability" Of "Indemnity" Contract - "No Action" Clause

Michigan Law Review

Plaintiff sued his insurer upon a policy which provided that the defendant would indemnify the insured against loss from liability for damages and would defend any suit brought against the assured to recover such damages. The policy contained a "no action" clause which denied a right of action unless a final judgment had been rendered and the assured had actually sustained a loss by payment of such judgment. Such a suit, brought against the plaintiff, had been unsuccessfully defended by the insurer. It was held that plaintiff could recover on the policy upon the rendition of the judgment and without …


Insurance--Right Of Beneficiary Who Has Caused Death Of Insured To Share In Proceeds Of Insurance Policy, James C. Lyne Jan 1932

Insurance--Right Of Beneficiary Who Has Caused Death Of Insured To Share In Proceeds Of Insurance Policy, James C. Lyne

Kentucky Law Journal

No abstract provided.