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Articles 481 - 510 of 570
Full-Text Articles in Insurance Law
Insurance-Beneficiaries-Right To Change Beneficiary Where Beneficiary Has Paid All The Premiums, Howard A. Jacobs
Insurance-Beneficiaries-Right To Change Beneficiary Where Beneficiary Has Paid All The Premiums, Howard A. Jacobs
Michigan Law Review
Insured's mother, who was the original beneficiary of a life policy, paid all the premiums before and subsequent to the time when insured's wife was substituted as beneficiary. The mother was interpleaded in the wife's suit on the policy. Held, in the absence of a collateral agreement creating a4ditional rights in the mother, the payments were gratuitous and created no vested interest in the mother in the proceeds of the policy, where the right to change the beneficiary was reserved; and that the wife was entitled to the proceeds on the insured's death. McCloud v. Aetna Life Ins. Co. …
Contracts, Sales, Insurance, Henry B. Witham
Contracts, Sales, Insurance, Henry B. Witham
Indiana Law Journal
No abstract provided.
Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec
Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec
Michigan Law Review
Plaintiff sued for disability benefits under a life insurance policy providing that it should be incontestable from its date and that insured's statements, in the absence of fraud, should be deemed representations and would not avoid the policy unless contained in a written application, a copy of which was attached to the policy when issued. Defendant sought to rescind the contract on the ground that a reinstatement granted some eighteen months before had been induced by fraudulent statements. Held, the reinstatement may be contested only within the time after reinstatement fixed for contesting the policy, and that fraud is …
Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday
Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday
Michigan Law Review
The insured and a revocably designated beneficiary jointly assigned a life insurance policy as collateral security for a prior indebtedness of the insured. Another policy and first deed of trust notes were also assigned as collateral by the insured. Upon the death of the insured, who obtained the policy and paid all premiums, the bank applied a proportionate amount of the proceeds from this policy to the debt and paid the remaining sum to the beneficiary. Executors of the estate of the insured seek to recover the sum paid by the bank to the beneficiary, while executors of the beneficiary …
The Assignment Of A Life Insurance Policy, Grover C. Grismore
The Assignment Of A Life Insurance Policy, Grover C. Grismore
Michigan Law Review
There is a great deal of uncertainty and confusion in the decided cases in regard to the effect to be given to the assignment of a life insurance policy. This is unfortunate, since to a large extent life insurance has come to be regarded as an investment medium, and as an asset which can be hypothecated by the insured in times of financial emergency.
Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review
Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review
Michigan Law Review
Plaintiffs, reciprocal insurance associations which insure against fire and related risks, and whose attorneys-in-fact are located in Illinois, brought a declaratory judgment action in New York state courts for a determination of the applicability to them of the New York law requiring that such co-operative insurance associations obtain a license, or be prohibited from doing "any act which effects, aids or promotes the doing of an insurance business" in New York. As a condition of the license, submission to the New York regulations is required. The activities of the associations within the state of New York include investigation by engineers …
Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr.
Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr.
Michigan Law Review
Plaintiff's intestate, a resident of Georgia, owned items of jewelry which were located in Germany and which were subject to a death tax there, intestate having died in Germany. An appraisal was made by a German court commissioner in assessing the tax and a copy of the appraisal was forwarded to plaintiff executor, who, relying thereon, effected a policy of insurance with the defendant covering all the goods, the principal item being a pearl necklace appraised at $60,000. It was discovered on the safe arrival of the jewelry that the pearl necklace was worth but $60.00, being composed of cultured …
Insurance - False Statements In Application - Implied Knowledge Of Insurance Company As Ground For Waiver, Michigan Law Review
Insurance - False Statements In Application - Implied Knowledge Of Insurance Company As Ground For Waiver, Michigan Law Review
Michigan Law Review
In a suit by the beneficiary on a life insurance policy, the insurance company defended on the ground that the insured knowingly had made false statements material to the risk in his application and therefore the company had a right to rescind the contract. The insured's false statements were to the effect that he had never been refused insurance on a former application, whereas in fact the John Hancock Insurance Co. had rejected his application in the preceding year. Both the John Hancock Co. and the defendant insurer were members of a common agency which gave information to its members …
Insurance - Fraternal Benefit Policy - Who Is A "Dependent'', Michigan Law Review
Insurance - Fraternal Benefit Policy - Who Is A "Dependent'', Michigan Law Review
Michigan Law Review
Deceased was an inmate of an old age home, having paid an entrance fee and signed an entrance contract in which the home reserved the right to discharge inmates at any time without reason upon refund of a proportionate amount of the entrance fee. Deceased lived in the home until his death. He had taken out a policy in a fraternal benefit association whose by-laws provided that "In the event of the death of all beneficiaries named in a certificate . . . the benefits shall be paid . . . [to the] . . . person or persons upon …
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Michigan Law Review
Plaintiff, a Minnesota corporation, purchased the vendor's interest in an automobile sold under a conditional sales contract. The defendant insured the plaintiff against direct loss or damage to the automobile by collision and/or upset. The vendee, without plaintiff's knowledge or consent, sold the car to a sub-vendee who drove it to Texas, became involved in an accident, and sold the wreckage to a resident of Texas who purchased in good faith. The car was rebuilt and resold. Plaintiff sued for the loss caused by the collision. Held, plaintiff may recover even though the car was repaired by others prior …
Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers
Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers
Michigan Law Review
Stanfield recovered judgment against W. C. McBride, Inc. for personal injuries suffered in an automobile accident which was occasioned by the negligence of Strunk, employee of the McBride company, who at the time of the accident was driving (with the owner's consent) an automobile owned by the Miller-Morgan Auto Company. The McBride company in turn recovered a judgment against its employee, Strunk, and now as garnishor seeks to reach an insurance policy issued to the Miller-Morgan company which at the time of its issuance contained an omnibus clause insuring all persons driving the insured car with the consent of the …
Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman
Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman
Michigan Law Review
Plaintiff brought suit on an accident insurance policy. He alleged that the defendant insurer wholly repudiated the policy and informed plaintiff that it would not in any event pay him the monthly indemnity according to the terms of the policy even though a doctor of its own choice advised that the plaintiff was permanently disabled. Held, that under the Texas law, when one who is obligated by contract to make money payments to another absolutely repudiates and abandons the obligation without just excuse, the obligee is entitled to maintain his action in damages at once for the entire breach. …
Contract For The Benefit Of Third Persons--Liability Of Insurer On Malpractice Policy To Injured Party, H. G. W.
West Virginia Law Review
No abstract provided.
Limitation Of Actions--Statute Of Limitations Applied To Quasi-Contractual Rights Arising Upon Anticipatory Breach Of An Existing Contract, A. L. B.
West Virginia Law Review
No abstract provided.
Insurance - When Contracts For Contingent Performance Of Acts Other Than Payment Of Money Constitute Insurance, Charles W. Allen
Insurance - When Contracts For Contingent Performance Of Acts Other Than Payment Of Money Constitute Insurance, Charles W. Allen
Michigan Law Review
A recent case presents the many difficulties that confront the courts in determining whether a given contract is one of insurance. Plaintiff was a glazier. For a fixed payment he agreed with his customers that during a certain period he would repair and replace, if broken, their store-front glass. Penal proceedings were instituted against plaintiff for failure to comply with the insurance laws. He brought an action to enjoin prosecution of the proceedings. It was held that the contracts were not insurance contracts and that plaintiff was entitled to the injunction.
Damages - Insurance Contract - Right To Recover Present Worth Of Future Payments On Life Policy, James W. Mehaffy
Damages - Insurance Contract - Right To Recover Present Worth Of Future Payments On Life Policy, James W. Mehaffy
Michigan Law Review
An insurance policy provided for the payment of 3 1/2 per cent interest on the amount due beneficiaries until they attained the age of 21, then payment of the entire amount. The policy also contained a double indemnity clause. The insured died under circumstances leaving it doubtful whether the double amount should be paid. Upon application by the guardian of the minor beneficiaries for payment of the double amount in the manner stipulated, the defendant company refused payment of more than the face value of the policy on the ground that the proofs of accidental death were not sufficient. Plaintiff …
State Farm Mutual Automobile Insurance Company V. Marie H. Justis
State Farm Mutual Automobile Insurance Company V. Marie H. Justis
Virginia Supreme Court Records, Volume 168
Supreme Court of Appeals of Virginia at Richmond
Insurance--Receipt On Back Of Check Not Binding Unless Supported By Consideration, C. A. P. Jr.
Insurance--Receipt On Back Of Check Not Binding Unless Supported By Consideration, C. A. P. Jr.
West Virginia Law Review
No abstract provided.
Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman
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 …
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 …
Contracts - Beneficiaries - Injured Party As Beneficiary Of Public Liability Insurance Policy
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.
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) …
Contracts --Anticipatory Breach- Denial Of Liability As A Repudiation
Contracts --Anticipatory Breach- Denial Of Liability As A Repudiation
Michigan Law Review
A life insurance policy provided that the insured was to be paid a certain sum per month in case of permanent disability. A dispute arose between the company and the insured as to the proper construction of the contract. The company expressed willingness to perform the contract as it construed it, but this was a refusal to pay the monthly disability income. The insured brought an action to recover total damages for anticipatory breach, of the contract to pay the permanent disability benefits. Held, that the insurer had not made such an unequivocal refusal to perform the contract as …
Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts
Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts
Michigan Law Review
C, a judgment creditor of W, instituted garnishment proceedings to recover the amount of the judgment out of moneys owed by the X insurance company to W as beneficiary of H's life insurance. Subsequently the Arkansas legislature passed a statute exempting all moneys paid or payable to any resident of the State as the insured or beneficiary designated under any life, sickness, or accident insurance policy, from liability or seizure under judicial process, and provided that such benefits should not be subjected to the payment of any debt. Held, by a unanimous decision of the United …
Insurance - Conditions Precedent To Existence Of Contract
Insurance - Conditions Precedent To Existence Of Contract
Michigan Law Review
The application for a non-medical-examination insurance policy, and the policy itself, contained the provision that the policy should not take effect if the insured should die before the date thereof or if, on such date, the insured should not be in sound health. At the time of delivery of the policy the insured was actually suffering from high blood pressure or heart disease, although this condition was unknown to him. A statute provided that the statements made in the application as to the physical condition of the insured should be valid and binding upon the insurance company "unless wilfully false …
Insurance - "Liability" Of "Indemnity" Contract - "No Action" Clause
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 …
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Michigan Law Review
The plaintiff insured articles of Jewelry for the defendant against loss. Defendant was unable to find a necklace covered by the policy in question and after an unsuccessful search the parties entered into an agreement whereby the defendant consented to accept other jewelry, equal in value to the necklace, as compensation for the loss. Later the necklace was found, and the plaintiff seeks rescission of the agreement and specific restitution of the articles delivered pursuant thereto. Held, payment made in settlement of an insurance claim may not be rescinded on the basis of mistake of fact as to the …
Insurance-Automobile Club Membership-Contract To Furnish Legal Services
Insurance-Automobile Club Membership-Contract To Furnish Legal Services
Michigan Law Review
Complainant automobile club agreed to furnish its members with the services of an attorney, but not to pay judgments rendered, in any action brought by or against any member as a result of the ownership, or operation, of his automobile. Held, a contract of insurance. Allin v. Motorists' Alliance (Ky. 1930) 29 S.W. (2d) 19.
The Application Of The Doctrine Of Swift V. Tyson Since 1900, H. Parker Sharp, Joseph B. Brennan
The Application Of The Doctrine Of Swift V. Tyson Since 1900, H. Parker Sharp, Joseph B. Brennan
Indiana Law Journal
No abstract provided.