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- Tucker Act (1)
Articles 1 - 5 of 5
Full-Text Articles in Insurance Law
Insurance-Conditions-Effect Of Non-Compliance With Notice Clause On Insurer's Liability, John W. Hupp S.Ed.
Insurance-Conditions-Effect Of Non-Compliance With Notice Clause On Insurer's Liability, John W. Hupp S.Ed.
Michigan Law Review
Automobile liability insurance policies invariably contain a provision requiring immediate notice of accident and suit. The purpose of such a provision is to allow the insurer to make an investigation of the accident in order to prepare a defense and to prevent fraudulent and invalid claims. Although compliance with the provision may be of the utmost importance to the insurer, it frequently is a matter of little or no concern to the insured, and so upon the happening of an accident the insured frequently fails to give due notice to the insurer. The succeeding action by the injured party against …
Insurance-Interpretation Of "Accidental Means" In Double Indemnity Clause, David W. Rowlinson S.Ed.
Insurance-Interpretation Of "Accidental Means" In Double Indemnity Clause, David W. Rowlinson S.Ed.
Michigan Law Review
Insured engaged in a game called "Russian Roulette" in which he removed all but one cartridge from the cylinder of a revolver, spun the cylinder, placed the revolver to his head without ascertaining the position of the cartridge, and pulled the trigger. The revolver fired, killing the insured. The beneficiary of a life insurance policy on his life brought the present action to recover under a provision providing double indemnity for death effected solely through external, violent, and accidental means. The trial court directed a verdict for the insurance company. On appeal, held, affirmed. Such reckless abandon and exposure …
Agency-Imputation Of Agent's Knowledge To Principal-Insurance Contracts, Robert B. Krueger S.Ed.
Agency-Imputation Of Agent's Knowledge To Principal-Insurance Contracts, Robert B. Krueger S.Ed.
Michigan Law Review
Defendant insurance company's soliciting agent falsified applicant's warranted answers to material questions in an application for automobile casualty insurance. The applicant signed, not knowing of the nature of the answers. On the basis of these answers, defendant issued a casualty policy on applicant's automobile, containing a clause prohibiting waiver or estoppel as to any of the terms of the contract because of the agent's knowledge. As a result of a subsequent accident, plaintiffs recovered judgments against applicant which applicant failed to satisfy. In an action by plaintiffs against defendant, on supplemental petition, defendant admitted recovery against applicant, but claimed no …
Torts--Inducing Breach Of Contract--Attorney-Client Contingent Fee Contract, Richard W. Pogue
Torts--Inducing Breach Of Contract--Attorney-Client Contingent Fee Contract, Richard W. Pogue
Michigan Law Review
Plaintiff, a practicing attorney, undertook on a contingent fee basis to represent a husband and wife in separate claims for damages alleged to have been suffered by them through the negligence of the driver of a motor vehicle. The driver was insured under a policy issued by defendant. Defendant had notice of the contract. After plaintiff had started suit on the damage claim and as the case was about to be tried, defendant's adjusters, without knowledge on the plaintiff's part, allegedly induced the clients to discharge the plaintiff (and "thereby break their contingent fee contract with him") and subsequently to …
Federal Procedure-Juries-Right To Jury Trial In Actions On National Service Life Insurance Policy Claims, Morris G. Shanker S.Ed.
Federal Procedure-Juries-Right To Jury Trial In Actions On National Service Life Insurance Policy Claims, Morris G. Shanker S.Ed.
Michigan Law Review
Plaintiff brought an action against the United States on a National Service Life Insurance policy in a federal district court. Timely demand for trial by jury was made in accordance with Federal Rule 38. Held, the plaintiff was entitled to a trial by jury. That section of the Judicial Code which reenacts the Tucker Act and denies jury trials in contract actions against the United States is not applicable to National Service Life Insurance claims. Williams v. United States, (D.C. Tex. 1951) 95 F. Supp. 672.