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Full-Text Articles in Insurance Law
Voluntary Intoxication: A Defense To Intentional Injury Exclusion Clauses In Homeowner's Policies?, Tracy E. Silverman
Voluntary Intoxication: A Defense To Intentional Injury Exclusion Clauses In Homeowner's Policies?, Tracy E. Silverman
Michigan Law Review
This Note argues that the current voluntary intoxication defense to the intentional injury exclusion clause should be modified to allow insurers subrogation rights against insureds who commit intentional acts while voluntarily intoxicated, subject to an exception for alcoholic insureds who successfully complete alcohol treatment programs. Part I discusses the public policy concerns of victim compensation and deterrence and how they influence courts deciding between the three traditional approaches to "intent." Part II analyzes the impact of these intent standards on courts' decisions to allow a voluntary intoxication defense and concludes that the defense as currently formulated promotes victim compensation at …
Insurance - Public Liability Policy - Liability Of Insurer For Punitive Damages And Penalties, Alfred I. Rothman
Insurance - Public Liability Policy - Liability Of Insurer For Punitive Damages And Penalties, Alfred I. Rothman
Michigan Law Review
Under an automobile liability policy, the defendant insurer paid the plaintiff, on his judgment against the insured, the amount of compensatory damages recovered for injuries. The insurer refused, however, to pay the additional sum awarded as double damages under a statute providing that the court in its discretion might award double or treble damages where the injury was caused by a violation of certain statutory rules of the road. By the terms of the policy defendant insurance company agreed to pay "all sums which the insured shall become obligated to pay by reason of liability imposed upon him by law …
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.
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident
Michigan Law Review
Plaintiff, a boy of six, was struck by an automobile driven by the insured's brother who, after investigation, found no apparent injury and was so informed by the boy's mother. A week later the driver reported the affair to the insured. Two weeks after the accident the insured was notified of the plaintiff's claim. A week later, three weeks after the accident, the insurer was notified. The policy of liability insurance provided that "upon the occurrence of death or personal injuries or any accident covered by this policy, the assured shall as soon as practicable after learning thereof, give written …
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.