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Articles 1 - 16 of 16

Full-Text Articles in Law

Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman Dec 1936

Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman

Michigan Law Review

After paying the twenty-three monthly benefits according to the provisions in the plaintiff's policy relating to total and permanent disability, the defendant decided that the plaintiff was no longer totally disabled, and thereupon stopped the monthly payments, demanded payment of premiums, and, when premiums were not paid, declared the policy lapsed on its books. Plaintiff brought suit, alleging continuance of his disability and repudiation of the insurance contract by the defendant, and he claimed as damages installments already due and installments that would mature during the period of his life expectancy. Defendant demurred. Held, there has been no such …


Insurance Beneficiary's Right To Recover When He Has Caused Death Of Insured, Michigan Law Review Dec 1936

Insurance Beneficiary's Right To Recover When He Has Caused Death Of Insured, Michigan Law Review

Michigan Law Review

The insured died from bullet wounds inflicted by a revolver in the hand of the beneficiary. After there had been an indictment for murder the beneficiary pleaded guilty to so much of the indictment as charged manslaughter. The beneficiary sued on the insurance policy. The Supreme Court of Massachusetts held that there was error in directing a verdict for the insurer because a beneficiary who is guilty of manslaughter, where there was no intentional injury of a kind likely to cause death, is not barred from recovering on the policy. Minasian v. Aetna Life Insurance Co., (Mass. 1936) 3 …


Jury-Voir Dire-Actions For Negligence-Asking As To Interest In An Insurance Company, Michigan Law Review Dec 1936

Jury-Voir Dire-Actions For Negligence-Asking As To Interest In An Insurance Company, Michigan Law Review

Michigan Law Review

During the trial for injuries received in an automobile collision the plaintiff's attorney asked each prospective juror as to whether or not he owned stock in a named insurance company, or held a policy with it, or was an agent for it, and other questions as to whether or not the interest of an insurance company in the action would affect his decisions in the case. The company was not in fact a party to the action. The defendant assigned as error that such questions caused the jury to believe that the defendant carried insurance against loss from damages such …


International Law - Recognition Of Soviet Russia - Extraterritorial Effect Of Decrees Of Confiscation And Nationalization Nov 1936

International Law - Recognition Of Soviet Russia - Extraterritorial Effect Of Decrees Of Confiscation And Nationalization

Michigan Law Review

The Moscow Fire Insurance Company, the Northern Insurance Company of Moscow, and the First Russian Insurance Company were incorporated in Russia under the Czarist regime, and given authority to do business in New York. Deposits were made in New York for the benefit of policy holders and creditors in this country. Subsequent to the revolution in Russia and the Soviet decrees nationalizing all Russian corporations and confiscating without compensation such corporations' assets in Russia and abroad, these deposits were turned over to the New York State Insurance Commissioner for liquidation. Large sums remained after domestic claims were satisfied and the …


Insurance - Remainderman's Share In Proceeds Of Life Tenant's Policy Nov 1936

Insurance - Remainderman's Share In Proceeds Of Life Tenant's Policy

Michigan Law Review

Buildings insured by the life tenant for their full value were totally destroyed and the insurance money paid over to the life tenant. The remainderman brought suit under a statute requiring the giving of security for the protection of the remaindermen by those having limited interests in personal property. Held, the remainderman has no interest in the proceeds of the policy and cannot compel the life tenant to render security. In re Gorman's Estate, (Pa. 1936) 184 A. 86.


The Effect Of The Standard Mortgage Clause In Insurance Policies, Harry P. Cooper Jr. Oct 1936

The Effect Of The Standard Mortgage Clause In Insurance Policies, Harry P. Cooper Jr.

Indiana Law Journal

No abstract provided.


Taxation-Federal Estate Tax-Inclusion Of Proceeds Of Insurance Policies In The Gross Estate Jun 1936

Taxation-Federal Estate Tax-Inclusion Of Proceeds Of Insurance Policies In The Gross Estate

Michigan Law Review

It was only natural that the framers of our revenue acts, always on the lookout for new sources of revenue, should have turned their attention to the proceeds of insurance policies when they were dealing with the subject of death duties. It was natural for two reasons: first, the purchase of an insurance policy is nearly always prompted by some vague contemplation of death, and the receipt of the proceeds from a policy is intimately connected with death, in view of the fact that death normally is the event that brings about the maturity of the policy; and second, if …


Insurance--Construction Of Exceptions--Storage In Public Garage Held Within Theft Coverage Jun 1936

Insurance--Construction Of Exceptions--Storage In Public Garage Held Within Theft Coverage

West Virginia Law Review

No abstract provided.


Bankruptcy-Disposition Of Insurance Policy Assigned To Beneficiary May 1936

Bankruptcy-Disposition Of Insurance Policy Assigned To Beneficiary

Michigan Law Review

Mrs. Humphrey was the beneficiary in an insurance policy taken out by her husband on his own life. He assigned this policy to her at a time when it was pledged to the insurance company for loans slightly in excess of the cash surrender value. Mr. Humphrey died after Mrs. Humphrey had filed her voluntary petition in bankruptcy. Held, the policy is not an asset of the bankrupt estate, but belongs to Mrs. Humphrey rather than the trustee. Curtis v. Humphrey, (C. C. A. 5th, 1935) 78 F. (2d) 73.


Insurance--Waiver Of Condition After Loss--Authority Of Fire Insurance Adjuster Apr 1936

Insurance--Waiver Of Condition After Loss--Authority Of Fire Insurance Adjuster

West Virginia Law Review

No abstract provided.


Insurance--False Statements In Application For Life Policy As Defense To Liability--Duty Of Company's Agent To Record Correctly Applicant's Answers Apr 1936

Insurance--False Statements In Application For Life Policy As Defense To Liability--Duty Of Company's Agent To Record Correctly Applicant's Answers

West Virginia Law Review

No abstract provided.


Trial-Informing Jury Of Liability Insurance-Curing Of Prejudice Feb 1936

Trial-Informing Jury Of Liability Insurance-Curing Of Prejudice

Indiana Law Journal

No abstract provided.


Automobiles: Compulsory Automobile Insurance, Emerson Salisbury Jan 1936

Automobiles: Compulsory Automobile Insurance, Emerson Salisbury

Kentucky Law Journal

No abstract provided.


Carriers - Limitation Of Liability For Negligence -True Valuation Agreement Jan 1936

Carriers - Limitation Of Liability For Negligence -True Valuation Agreement

Michigan Law Review

Approximately one-seventh of a shipment of cherries in brine was lost owing to improper stowage. Award of damages was resisted on the ground that the bills of lading provided for adjustment of claims "on the basis of the invoice value of the entire shipment adding expenses necessarily incurred," and that because of favorable market conditions existing at destination the entire value of the sound cherries exceeded the invoice value. Held, the quoted clause was not a genuine limitation agreement, which is valid, but a "true valuation" clause, which, since it may wholly exonerate the carrier from liability for negligence, …


Insurance: The Substantial Performance Rule In Regard To Change Of Beneficiaries, Howard H. Whitehead Jan 1936

Insurance: The Substantial Performance Rule In Regard To Change Of Beneficiaries, Howard H. Whitehead

Kentucky Law Journal

No abstract provided.


Fire Insurance--Vacancy Provision, Samuel C. Kennedy Jan 1936

Fire Insurance--Vacancy Provision, Samuel C. Kennedy

Kentucky Law Journal

No abstract provided.