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The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson
The "Heart Cases" In Workmen's Compensation: An Analysis And Suggested Solution, Arthur Larson
Michigan Law Review
It is one of the great tragedies of the workmen's compensation story that almost all courts, in their perfectly justifiable search for a legal barrier that would keep compensation heart liability from getting out of hand, have seized upon the wrong component in the coverage formula. The words "by accident" or their equivalent were pressed into service for this task, ·and they have proved to be a most ill-fitting tool for this function. If the courts had followed the more logical course of testing these cases by the causal principle prescribed by the words "arising out of the employment," there …
Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.
Practice And Procedure-Third-Party Practice-Subrogation And Contribution- Right Of Defendant To Join Physician Who Aggravated Lnjuries, Richard B. Gushée S.Ed.
Michigan Law Review
A brought an action against B for injuries suffered in an automobile accident and aggravation of those injuries by the negligent treatment of a physician, D. B filed a third-party complaint against D for malpractice contending that D was liable over to him for all or a part of the judgment recovered by A. D's motion to dismiss the third-party complaint for want of a sufficient cause of action was denied. On appeal, held, affirmed. A tort-feasor who has been held liable for injuries is subrogated to any right of action which the injured party may …
Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin
Habeas Corpus - Insane Persons - Torts - Civil Action For Obstruction Of Right To Test Legality Of Imprisonment, John P. Cofrin
Michigan Law Review
Claimant had been adjudged insane and committed to a state hospital by order of the court. On March 6, 1936, he signed a petition for a writ of habeas corpus, placed it in an envelope addressed to his attorney and left it with an employee of the hospital to be mailed. In the past claimant had written many letters asking for assistance to men in public life, who in turn annoyed claimant's wife. The superintendent of the hospital, therefore, complying with the request of claimant's wife that all his letters be sent to her, mailed her the letter containing the …
Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review
Insurance - Material Misrepresentations - Matter Of Fact Or Of Law-"Medical Consultation" Cases, Michigan Law Review
Michigan Law Review
Statutes, in some two-thirds of the forty-eight states, have the approximate effect of changing all warranties in life insurance policies into representations. And in most of the remaining states the courts have interpreted statements of the applicant as representations rather than warranties wherever there has been room for doubt, to avoid the harshness of the rules governing a breach of warranty. The effect of all this is to eliminate immaterial misrepresentations of fact from the list of the insurer's possible defenses, and to increase the importance of determining when a misrepresentation is material, and by whom that inquiry is to …
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Michigan Law Review
If an applicant for life insurance, in answering the many questions put to him by the company's medical representative, tells the truth, but the examiner, in recording the answers, distorts them without the knowledge of the insured, may the beneficiary or the personal representative of the insured show this distortion by parol, and collect on the policy in spite of the presence of false written answers in the application? The New York court of appeals, in the very recent case, Minsker v. John Hancock Mutual Life Insurance Co., 254 N. Y. 333, 173 N.E. 4, answers this question in …