Insurance Law Commons^™

Liability Insurer's Duty To Defend Suits For Intentional Injury

Washington and Lee Law Review

No abstract provided.

Insurance Law—Physical Contact Requirement Of Mvaic Law Satisfied Where Hit And Run Vehicle Pushes Another Vehicle Into Claimant, Gary H. Feinberg

Buffalo Law Review

Motor Vehicle Acc. Indemnification Corp. v. Eisenberg, 18 N.Y.2d 1, 218 N.E.2d 524, 271 N.Y.S.2d 641 (1966).

Avoidance Of P.I. Releases For Mutual Mistake: Recent Cases, Franklin Stafford Wearn Ii

Cleveland State Law Review

The purpose of this article is to determine the factors which currently persuade courts to set aside releases under the doctrine of mutual mistake. Therefore, cases involving fraud, misrepresentation, overreaching, or unilateral mistake are outside the scope, except as they shed light on the doctrine's application. We shall consider first those cases where there is thought to be no personal injury at the time of releasing, and then those where some personal injury is known, but where it could be said that there exists a material unknown injury. Let it be noted that, as will be shown, if the releasor …

Title Insurance Aspects Of Tort Liability, Dean T. Lemley

Cleveland State Law Review

By reason of the adequate damages recoverable in contract by the insured, and because of safeguards of ethics and efficient methods of title examinations, underwriting practices, and sophisticated systems of document storage and retrieval, it would appear that tort liability will not become prevalent in the title industry. Since law is disposed to follow the needs of society, rather than to anticipate them, it seems logical that actions in tort liability will not be needed.

The Friendly Versus Hostile Fire Dichotomy, Robert I. Reis

Villanova Law Review (1956 - )

No abstract provided.

Punitive Damages: Punishment Of An Insured Defendant?, Carroway V. Johnson, Kenneth Lasson

All Faculty Scholarship

The plaintiff sued the defendant for injuries sustained in an automobile collision and was awarded a judgment in the amount of $5,000 actual damages and $1,500 punitive damages. The defendant's insurance company had refused to defend her in that action or to pay the judgment obtained, relying upon an employee exclusion clause in the policy. The plaintiff thereupon sued the defendant on the judgment, this time joining the insurer as a co-defendant, and won a verdict to recover against the insurer the aforesaid amount. The insurance company appealed, questioning its liability for punitive damages.

Judgment Against Insured Is Conclusive Proof Of Amount Of Claim Against Dissolved Insurer- Commonwealth Ex Rel. Woodside V. Seaboard Mut. Cas. Co., Michigan Law Review

Michigan Law Review

Plaintiffs, injured in an automobile accident, brought suits against an insured taxicab company. Before the case came to trial, the insurance commissioner found the insurer insolvent. In a separate proceeding he obtained a court order dissolving the insurer, enjoining the prosecution of any legal action against the insurer's assets, and providing for the filing of proof of claims with the insurance commissioner. The insurer's attorney, who had entered an appearance on behalf of the taxicab company, withdrew, and in an undefended action the plaintiffs recovered judgments against the cab company totalling nineteen thousand dollars. Unable to obtain execution on these …

The Financially Irresponsible Motorist: A Survey Of State Legislation, Fredric C. Jacobs

Villanova Law Review (1956 - )

No abstract provided.

The Report Of The Osgoode Hall Study On Compensation For Victims Of Automobile Accidents, Allen M. Linden

Books

The Osgoode Hall Study was aimed at filling the factual lacuna which prevented an informed assessment of the Ontario system of compensating automobile accident victims. Those in charge of the study set out to collect and analyze statistical data which would illuminate the strength and weaknesses of the present system of loss distribution. A survey was designed which would discover the financial costs incurred by injured individuals and whether they were uncompensated, undercompensated or overcompensated for these costs. The project further aimed at describing the interrelation of the tort, private loss insurance and government reparation schemes, the role of lawyers …

Insurance Companies' Liability For The Acts Of Agents, Kenneth Montlack

Cleveland State Law Review

The formerly prevalent view that a party to an insurance contract is bound by his representations in all respects has been modified. Today, an increasing variety of acts or declarations by the insurance agent will shift the liability to the insurance company. The company is held to be estopped from pleading the insured's contract violations which were due to the actions of the insurer's agents. Because the general rules of agency apply to insurance agents, the company is responsible for those acts of a licensed agent performed within the scope of his authority.Thus the two problem areas in determining the …

Abstracts Of Recent Cases, William Walter Smith

West Virginia Law Review

No abstract provided.

Automobile Accident Costs And Payments: Studies In The Economics Of Injury Reparation, Alfred F. Conard, James N. Morgan, Robert W. Pratt Jr, Charles E. Voltz, Robert L. Bombaugh

Michigan Legal Studies Series

The report is presented as a pool of data which will serve many purposes. First of all, the report furnishes a perspective on the largeness and the smallness of the reparation process, and of its many parts. Second, the report supplies much more specific information than has ever before been available on many points, such as the high or low level of reparation in relation to losses; the number of people who get paid, and those who receive nothing; the levels of legal expense, including attorneys' fees. Third, it will furnish a guide for future research directed to narrower questions, …

Private Insurance As A Solution To The Driver-Guest Dilemm, Harvey R. Friedman

Michigan Law Review

The duty of the driver of an automobile to his nonpaying passenger, and liability arising from the breach of that duty, has long presented a troublesome area of litigation for the courts and the parties involved. Application of standards unsuited for the peculiar risks of automotive transportation has produced inadequate compensation in some cases and excessive recoveries in others. Meanwhile, trial calendars are overcrowded with personal injury litigation, and insurance companies must bear the awards of sympathetic juries and those resulting from collusion between passenger and driver. The over-all expense of this method of determination of liability, far too little …

Liability Insurance And The Rule Of Exclusion In Tort Actions

Washington and Lee Law Review

No abstract provided.

The Foolish Insured And Double Indemnity

Washington and Lee Law Review

No abstract provided.

Damages--Liability Insurance And Punitive Damages, Harold Dale Brewster Jr.

West Virginia Law Review

No abstract provided.

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

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 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 …

Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.

Michigan Law Review

A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only …

Insurance Company Interference In Personal Injury Law Practice, Sheldon E. Baskin

Cleveland State Law Review

The cloak of immunity that the insurance companies wear, and the fact that recently a trend has been noticed encouraging settlements, results in attorneys, finding their just fees diminished by the interference of third persons not in privity with the attorney-client contract, being compelled to find other means of redressing the wrongs thus perpetrated against them.

Ancillary Rights Of The Insured Against His Liability Insurer, Robert E. Keeton

Vanderbilt Law Review

The primary right of the insured against his liability insurer is the right to reimbursement of loss falling within the coverage defined in the policy. The scope of that right is ordinarily determined by construction of the clauses defining the Bodily Injury Liability and Property Damage Liability Coverages.' The present article is concerned with ancillary rights, arising in part from these and other policy provisions and in part from the relationship created by liability insurance. These rights of the insured are, from the opposite point of view, duties of the insurer--duties concerned principally with settlement of the tort claim or …

Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck

Michigan Law Review

The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …

Abstracts Of Recent Cases, W. E. M.

West Virginia Law Review

No abstract provided.

Abstracts Of Recent Cases, M. D. W. Jr.

West Virginia Law Review

No abstract provided.

Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball

Michigan Law Review

A Review of Traffic Victims. Tort Law and Insurance. By Leon Green.

Book Reviews, Fleming James Jr., Kenneth H. York, A. G. Murphy Jr., Stefan A. Riesenfeld, Maynard E. Pirsig, Richard Lloyd Strecker, William P. Murphy, James K. Marshall, Wirt Peters, Phil C. Neal, Edward D. Re, Robert Kingsley, Lehan K. Tunks

Journal of Legal Education

No abstract provided.

Insurer Liable For Beneficiary's Murder Of Life Insured

Washington and Lee Law Review

No abstract provided.

Book Reviews, Stanley D. Rose, Wallace Mendelson (Reviewer), Lawrence Herman (Reviewer), William R. Anderson (Reviewer)

Vanderbilt Law Review

THE PRESIDENCY OF JOHN ADAMS, THE COLLAPSE OF FEDERALISM, 1795-1800. By Stephen G. Kurtz-- Philadelphia: University of Pennsylvania Press, 1957. Pp. 448. $8.50.

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THE JEFFERSONIAN REPUBLICANS, THE FORMATION OF PARTY ORGANIZATION, 1789-1801. By Noble E. Cunningham, Jr.-- Chapel Hill: University of North Carolina Press, 1957. Pp. x, 279. $6.00.

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THE SUPREME COURT FROM TAFT TO WARREN-- By Alpheus T. Mason-- Baton Rouge: Louisiana State University Press, 1958. Pp. 250. $4.95.

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THE LAW OF AWOL. By Alfred Avins. New York: Oceana Publications, 1957. Pp. xxxi, 288. $4.95. --

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TRAFFIC VICTIMS, TORT LAW & INSURANCE. By Leon Green. …

Conflict Of Laws In Insurance Coverage Of Interspousal Torts

Washington and Lee Law Review

No abstract provided.