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Articles 301 - 330 of 428
Full-Text Articles in Insurance Law
Taxation -Income From Irrevocable Funded Insurance Trusts - Constitutionality Of Statute
Taxation -Income From Irrevocable Funded Insurance Trusts - Constitutionality Of Statute
Michigan Law Review
The settlor created irrevocable trusts to pay premiums on policies of insurance issued on his life in favor of irrevocably-named beneficiaries. Held, that sec. 219 (h), Rev. Acts 1924, 1926, making income from trusts taxable to the settlor, is constitutional. Burnet v. Wells, (U. S. 1933) 53 Sup. Ct. 7.61.1
Insurance - Death In Violation Of Law-Proximate Cause
Insurance - Death In Violation Of Law-Proximate Cause
Michigan Law Review
Decedent's life was insured by the defendant company, a clause in the by-laws of which, incorporated in the policy by reference, excepted liability where death occurred in consequence of a violation of law. Decedent and two companions had committed the crime of auto banditry, and police officers, with warrants for their arrest, surprised them in possession of the stolen car, killing the decedent who sat armed with a rifle in the rear seat as the car drove away. Held, the policy covered the death of the insured, including additional payment for accidental death. Ben Hur Life Association v. Cox …
Insurance - Injuries Resulting From The Operation Of An Automobile
Insurance - Injuries Resulting From The Operation Of An Automobile
Michigan Law Review
The defendant insured the plaintiff against accidental injuries suffered exclusive of all other causes and only as the result of operating, driving, or riding in or on an automobile. The plaintiff was injured while sitting in the driver's seat of an automobile by a discharge from a gun which was being unloaded by a companion on a hunting trip, preliminary to placing it in the car. Held, the accident arose as a result of operating the automobile within the meaning of the insurance policy and the plaintiff is entitled to recover. Dorsey v. Fidelity Union Casualty Co., (Tex. …
Insurance - Murder Of Insured By Beneficiary - Liability Of Insurer To Estate Of Deceased Where Both Beneficiary And Insured Are Covered By One Joint Policy
Michigan Law Review
The deceased and her husband took out with the defendant company a joint policy payable to the survivor of diem. After the murder of the deceased by her husband, her administratrix brought an action to recover the proceeds of the insurance. The court held that since the parties had contracted for the survivor to take all, there could be no recovery in favor of the deceased's estate. Merrity v. Prudential Insurance Company, (N. J. 1932) 161 Atl. 681.
Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy
Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy
Michigan Law Review
An endowment policy was made payable to insured if he should live to the policy anniversary date next preceding his sixtieth birthday, otherwise to his executors or administrators. Four years after the policy was taken out, insured was sentenced to life imprisonment for killing his wife. A statute provided that the estate of a person incarcerated for life "shall be administered upon and distributed, and his contracts and relations to persons and things are affected, in all respects, as if he were dead." In an action on the policy by the administrator of insured, held, that imprisonment of insured …
Insurance -Murder Of Insured By Beneficiary
Insurance -Murder Of Insured By Beneficiary
Michigan Law Review
The plaintiff was the beneficiary of an insurance policy carried by her husband. After her conviction for his murder she brought an action against the insurance company to collect the proceeds. The lower court pronounced the defendant liable, gave judgment for the intervening administrator of the deceased's estate, and, in spite of a statute expressly directing insurance moneys in the hands of administrators to inure to the use of surviving widows, ordered that the plaintiff take nothing. On appeal by the insurance company it was held, in an excellent opinion reviewing all the authorities that there was no error. …
Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy
Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy
Michigan Law Review
An endowment policy was made payable to insured if he should live to the policy anniversary date next preceding his sixtieth birthday, otherwise to his executors or administrators. Four years after the policy was taken out, insured was sentenced to life imprisonment for killing his wife. A statute provided that the estate of a person incarcerated for life "shall be administered upon and distributed, and his contracts and relations to persons and things are affected, in all respects, as if he were dead." In an action on the policy by the administrator of insured, held, that imprisonment of insured …
Insurance - Fire Insurance - Jewelry Thrown Into Furnace
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 - Subrogation Of Insurer To Insured's Claim Against A Quasi-Surety
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 - Accidental Means - Unlawful Conduct- Public Policy
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 - "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 …
Insurance - Accidental Means - Death By Carbon Monoxide Poisoning
Insurance - Accidental Means - Death By Carbon Monoxide Poisoning
Michigan Law Review
The insured died from the effects of carbon monoxide gas generated by an automobile in a closed garage. The policy which he held in the defendant company provided for compensation only if the means of death were accidental, and the insurer-resisted the claim of his beneficiary for the reason that, even if the death was accidental, it was not a death by accidental means. Held, that if the result is unexpected, death resulting from an intententional act is a death by accidental means. Wiger v. Mutual Life Ins. Co. of New York (Wis. 1931) 236 N.W. 535.
Insurance - Estoppel - Parol Evidence Rule
Insurance - Estoppel - Parol Evidence Rule
Michigan Law Review
The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Michigan Law Review
Plaintiff, lessee, covenanted to keep the leased premises in repair. His lease contained an option to purchase. During his term the building burned, and the lessor recovered on his policy. The plaintiff then elected to exercise his option, and, upon vendor's refusal to apply the insurance proceeds on the purchase price, brought this action against the lessor and the insurer. Plaintiff's argument, that, had he repaired, the loss would actually have fallen on him, and that his purchase had the same ultimate effect, did not appeal to the court, and it was held that defendant-lessor-vendor might retain the insurance money. …
Recognition Cases In American Courts, 1923-1930, John S. Tennant
Recognition Cases In American Courts, 1923-1930, John S. Tennant
Michigan Law Review
Although the Soviets have maintained complete, uninterrupted, and practically undisputed control over most of the territory of the former Russian Empire for more than ten years, the United States still refuses to recognize the Soviet government as the international representative of Russia. The first general consideration of the legal situation engendered by the policy of our government was contained in an article by Professor Edwin D. Dickinson, "The Unrecognized Government or State in English and American Law,'' which appeared in the Michigan Law Review in 1923. In view of the importance of this matter, and the number of cases involving …
Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents
Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents
Michigan Law Review
Plaintiff, a licensed insurance broker in New Jersey, sued for commissions due for services performed as the local agent of two licensed foreign fire insurance companies. The claim was for twenty-five per cent of the premiums. The defense relied on a New Jersey statute which made unlawful the payment of commissions in excess of a reasonable amount or at a rate higher than that paid to any one of the insurer's local agents. The defendant set up that it had local agents receiving commissions of but twenty per cent. Plaintiff attacked the constitutionality of the statute. Held, four justices …
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.
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 …
Automobile Insurance
Michigan Law Review
A Review of AUTOMOBILE INSURANCE By Charles A. Sunderlin.
Witnesses-Refreshing Memory-Past Recollection
Witnesses-Refreshing Memory-Past Recollection
Michigan Law Review
Action on a claimed oral renewal of a burglary insurance policy. Nearly six months after the alleged renewal W made an affidavit stating that she heard defendant's agent tell plaintiff that plaintiff's policy had been renewed. This affidavit was drawn up by plaintiff's attorney. On the trial eight years later W was unable to recall any such conversation and the affidavit did not refresh her memory. The court over objection admitted the affidavit itself in evidence. Held, since the affidavit was not made at or near the time of the event recorded, and was drawn up by one of …
The Money Value Of A Man
Michigan Law Review
A Review of THE MONEY VALUE OF A MAN By Louis I. Dublin and Alfred J. Lotka.
Fire Insurance-Is "Double" Payment Necessarily Overpayment?
Fire Insurance-Is "Double" Payment Necessarily Overpayment?
Michigan Law Review
A recent Wisconsin case, Ramsdell v. Insurance Co., presents a novel and interesting situation. The lessor and lessee of business property each insured the property in separate companies, the lessor for $3,000 and the lessee for $7,500. The lease contained no provisions as to insurance, repairing, or rebuilding and there was no contract between any of the parties which could affect the situation that arose. A loss of $4,246 occurred in June. After lengthy negotiations had proved fruitless, the lessee rebuilt the premises and sued his insurer. At the same time the lessor sued on his policy. The lessee …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Fidelity Bonds-Does It Pay To Renew Them?
Fidelity Bonds-Does It Pay To Renew Them?
Michigan Law Review
The question is raised by a recent Michigan case, in which the facts are apparently illustrative of a normal practice in modern business. The employer purchases a fidelity bond to indemnify him against loss arising from the financial misconduct of one of his employees. The premium pays for protection, for the year 1928, to the amount of $5,000. A year later payment of a premium of the same amount results in his receiving a "renewal" or "continuation certificate." 'What is the legal, and what the practical, effect of the renewal?
Unconstitutional Conditions-The Chrysler Automatic Insurance Plan
Unconstitutional Conditions-The Chrysler Automatic Insurance Plan
Michigan Law Review
The recent decision of the United States Supreme Court in Palmetto Fire Insurance Co. v. Conn. and consolidated cases, terminates the interesting litigation provoked in four states by the novel insurance scheme of the Chrysler Sales Corporation.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Insurance-Incontestability Clauses-What Will Amount To A Contest
Insurance-Incontestability Clauses-What Will Amount To A Contest
Michigan Law Review
The incontestability clause is quite common at present in life insurance policies, and is the source of much litigation. The insurance policy has usually contained many statements or representations by the insured, and it was a common experience that after the insured had paid premiums on a life insurance policy, perhaps for years, and had died in the belief that his family was well provided for, the insurance company avoided payment on the ground that the insured had made a misrepresentation in the policy, or had committed a breach of warranty. As a result, a feeling grew up that all …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.