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Articles 61 - 90 of 331
Full-Text Articles in Insurance Law
Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed.
Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed.
Michigan Law Review
Plaintiff, designated as beneficiary by deceased life insurance applicant, sued defendant life insurance company in assumpsit. Deceased, a combat pilot in the Korean War, had applied for one of defendant's policies, passed the medical examination, and made several premium payments on the policy. After the applicant was killed in combat defendant refused payment, contending that it had never accepted the risk but that it had responded to the application with a counter offer containing an aviation waiver. Because of ·the applicant's frequent change of address and his early death this proposal had never been communicated to him. On appeal from …
Regulation Of Business - Sherman Act - Concerted Refusals To Deal Not Illegal Per Se, Gerald D. Rapp
Regulation Of Business - Sherman Act - Concerted Refusals To Deal Not Illegal Per Se, Gerald D. Rapp
Michigan Law Review
The government sought an injunction restraining the members of an organization of independent insurance agents responsible for writing nearly 80 percent of the fire insurance in the Cleveland, Ohio, area from carrying out association regulations. Adherence to the rules was challenged as a conspiracy in restraint of trade and an attempt to monopolize in violation of sections 1 and 2 of the Sherman Act. The regulations were designed to prevent the members from representing (1) mutual insurance companies, (2) branch office companies which contribute to the agents a portion of their overhead expense and, (3) insurance companies which operate branch …
Insurance-Meaning Of 'War" In Insurance Policies, Richard W. Young S.Ed.
Insurance-Meaning Of 'War" In Insurance Policies, Richard W. Young S.Ed.
Michigan Law Review
In June 1950, United States military forces in Korea embarked upon an engagement that has been variously described as "war," "police action," "hostilities," and "defense against aggression." No declaration of war was made by Congress nor was a state of war proclaimed by the Chief Executive or our Communist adversaries. This unprecedented commitment of military forces in response to the recommendation of an international organization was consummated by unilateral Presidential action, with Congress only impliedly ratifying the step taken by enacting laws appropriating additional funds for the support of the armed forces in Korea. The ill-defined character of the conflict …
Trusts - Life Insurance Trusts - Contingent Unfunded Life Insurance Trust As Testamentary Disposition, Jerome K. Walsh Jr.
Trusts - Life Insurance Trusts - Contingent Unfunded Life Insurance Trust As Testamentary Disposition, Jerome K. Walsh Jr.
Michigan Law Review
Settlor named defendant bank beneficiary of eight insurance policies on his life. At the same time he entered into a trust agreement with the bank under which the bank was to hold the policies until the death of the settlor and, upon his death, collect the proceeds and distribute them according to one of two alternate methods of distribution. If his wife elected to reject the provisions made for her in his will and insisted on her statutory share of his estate, then the insurance proceeds were to be divided info four equal parts and paid to his four daughters. …
Insurance - Recovery - Land Contract Purchaser Allowed Recovery On Both Vendee's And Vendor's Policies In Excess Of Loss, Jerome K. Walsh, Jr.
Insurance - Recovery - Land Contract Purchaser Allowed Recovery On Both Vendee's And Vendor's Policies In Excess Of Loss, Jerome K. Walsh, Jr.
Michigan Law Review
An owner of realty entered into a contract to sell the land to the plaintiff. The vendor then took out fire insurance on his interest in the amount of $6,000 and the plaintiff obtained a policy covering his interest in the sum of $12,000, with a "three-fourths value" clause. Before performance of the contract and transfer of title, a fire occurred which caused $12,000 damage to the property. After the plaintiff paid the full contract price and took title to the property, he demanded and received an assignment of the claim under the vendor's policy. Plaintiff then brought suit on …
Municipal Corporations - Tort Liability - Purchase Of Liability Insurance As Waiver Of Immunity, Alice Austin S.Ed., William C. Becker
Municipal Corporations - Tort Liability - Purchase Of Liability Insurance As Waiver Of Immunity, Alice Austin S.Ed., William C. Becker
Michigan Law Review
According to a well-established common law rule, a municipal corporation is immune to tort liability for wrongs committed in the performance of governmental or public functions, although it is liable for torts committed in the performance of corporate or proprietary functions. This immunity generally cannot be waived without the authorization of the state legislature, and this authorization must be very clearly stated. Interesting questions arise, therefore, when a municipality, with or without statutory authorization, takes out a liability insurance policy covering itself or its agents, or when it causes its agents to take out bonds for faithful performance. The questions …
Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.
Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.
Michigan Law Review
Petitioner's houseboat, used to transport passengers commercially on a lake between Texas and Oklahoma, was insured against fire and other loss by respondent. Following destruction of the boat by fire, respondent denied liability because of breaches of policy warranties against assignment, pledging, transferring, and use for hire. The petitioner's action was brought in the state court and removed to a federal court because of diversity of citizenship. Texas statutes provide that breaches of policy provisions by the insured are no defense unless the breach contributes to the loss, and that provisions in policies against pledging are invalid. Petitioner contended that …
Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.
Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.
Michigan Law Review
Plaintiff, a citizen of Texas, obtained from the defendant an insurance policy which was written and delivered in Texas. The defendant agreed to pay for any damages to plaintiff's truck caused by fire, but stipulated that any dispute over the amount of the loss should he determined by arbitration proceedings in accordance with the terms of the contract. The truck was damaged by fire in Arkansas and a dispute arose over the amount of the loss. Plaintiff refused to submit the question to arbitration and brought this suit in the Federal District Court for Arkansas. Defendant argued that the action …
Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed.
Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed.
Michigan Law Review
Defendant issued a liability insurance policy to the manufacturer of a hair-waving product, an Illinois subsidiary of a Delaware corporation having its headquarters in Massachusetts. The policy, issued in Massachusetts and delivered in Massachusetts and Illinois, was to protect the insured against damages that might be suffered by users of the product anywhere in the United States or Canada. It contained a "no action" clause enforceable under Massachusetts and Illinois law prohibiting direct actions against the insurer until final determination of the insured's liability, either by judgment or agreement. Alleging injuries sustained in Louisiana where the product was bought and …
Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck
Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck
Michigan Law Review
Plaintiff, a non-profit hospital service organization, furnished services to defendant, a member of the organization injured in an automobile accident. Defendant thereafter entered into a settlement with the third party whose negligence had caused the accident and executed a release which included the hospital bill. Plaintiff then filed a bill in equity against defendant and the third party, claiming that on common law principles of subrogation it was entitled to recover from defendant all sums received by the defendant in settlement for the hospital services and from the third party the cost of the hospital services made necessary by the …
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
Defendant issued a policy of fire insurance on an automobile plaintiff had purchased with money borrowed from one Hansen, to whom a note and a chattel mortgage were given as security for the debt. A week after the policy was issued naming plaintiff as the insured, defendant executed an amendment to the policy in the form of an endorsement reading, "Less if any ... shall be paid to the insured and Charles H. Hansen as their interests may appear." The policy provided that it should not apply while the car was subject to any mortgage or other encumbrance not specifically …
Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.
Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.
Michigan Law Review
The City of Knoxville owned and operated a municipal airport under authority of a state statute which permitted a municipality to acquire, maintain, and operate a municipal airport in its governmental capacity, and which barred suits against the municipality with respect to its operation of the airport. The city carried a policy of liability insurance covering it in the ownership and operation of the airport. Plaintiff was injured by a fall at the airport terminal building, and instituted a negligence action against the city. The city moved for dismissal, relying upon the immunity given it by the statute. Held, …
Insurance - Insurer's Right Of Restitution For (1) Excessive Payment Made In Discharge Of The Liability Of A Coinsurer And (2) Costs Of Defense, John W. Hupp S.Ed.
Insurance - Insurer's Right Of Restitution For (1) Excessive Payment Made In Discharge Of The Liability Of A Coinsurer And (2) Costs Of Defense, John W. Hupp S.Ed.
Michigan Law Review
The increasing use of the "pro rata" or "other insurance" clause in liability insurance policies has given rise to new instances of coinsurer relationships. Such a clause typically provides that the insurer will not be liable under its policy for a greater proportion of any loss than the applicable limit of liability of its policy bears to the total applicable limit of all valid and collectible insurance against such loss. It has been frequently stated that the existence of such clauses in two policies covering the same loss renders the liability under each of the policies several and not joint, …
Taxation - Federal Income Tax-What Constitutes Accident Or Health Insurance Under Section 22(B)(5)-, Marvin O. Young
Taxation - Federal Income Tax-What Constitutes Accident Or Health Insurance Under Section 22(B)(5)-, Marvin O. Young
Michigan Law Review
Plaintiff brought this action to recover federal income tax paid by him for the year 1945 on a sum of $1800 which plaintiff received from his employer pursuant to a "free" sickness benefits plan which plaintiff's employer had in effect, claiming that this amount was excludable from gross income under section 22(b)(5) as "amounts received through accident or health insurance." Plaintiff's employer was an insurance company with authority to write health and accident insurance, and "free" protection was given to all full-time salaried home and branch office employees who could pass a satisfactory medical examination. Many ordinary features of a …
Lnsurance-Recovery-Insurer's Liability On Statutory Automobile Liability Policy For Assault By Agent Of Insured, George B. Berridge
Lnsurance-Recovery-Insurer's Liability On Statutory Automobile Liability Policy For Assault By Agent Of Insured, George B. Berridge
Michigan Law Review
The negligence of a taxicab driver in backing his cab into plaintiff's automobile caused the bumpers of the two cars to lock. When plaintiff stepped out to inspect the situation, he was, without provocation, brutally beaten by the cab driver. Plaintiff recovered a judgment of $3,000 against the driver and the cab owner, and sought to garnishee the defendant, an insurance company which had issued to the cab owner a policy of automobile liability insurance. In 1946, when the assault occurred, the Illinois Motor Vehicle Law required the owner of a vehicle for the carriage of passengers for hire to …
Civil Procedure-Parties-Real Party In Interest When Insurer Has Equitable Interest In Claim, Warren K, Urbom S.Ed.
Civil Procedure-Parties-Real Party In Interest When Insurer Has Equitable Interest In Claim, Warren K, Urbom S.Ed.
Michigan Law Review
Plaintiff sued for damages to his fruit and grocery market which were allegedly caused by the negligence of defendant. Interrogatories were submitted by defendant designed to determine whether or not plaintiff had been paid the full amount of his loss by an insurance company and had assigned his claim to that company. The trial court sustained a motion to strike the interrogatories. On appeal, held, reversed, two judges dissenting. Although a tortfeasor cannot defeat an action by the insured by showing full subrogation of the insurer, he can plead an assignment of the insured's claim to show that the …
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.
Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed.
Federal Procedure-Removal Jurisdiction-Meaning Of "Separate And Independent'' As Used In The United States Judicial Code, Paul Harrison S. Ed.
Michigan Law Review
The respondent suffered a loss by fire, and being uncertain as to which party was liable to compensate for this loss, joined the petitioner and two others as defendants in a suit asking for alternative relief. The petitioner and one of the defendants were insurance corporations with residence outside the state, while the third defendant's residence was the same as that of the respondent. The corporate defendants secured removal of the case to the federal court, and on a trial of the issues, a judgment was rendered for the respondent against the petitioner in the amount of the insurance claimed …
Insurance-Application Of "Incontestable" Clause In A Life Insurance Policy To Defenses Arising Out Of Application For Reinstatement, Walter L. Dean S.Ed.
Insurance-Application Of "Incontestable" Clause In A Life Insurance Policy To Defenses Arising Out Of Application For Reinstatement, Walter L. Dean S.Ed.
Michigan Law Review
An agreement to limit the contest period in which other than specifically excepted defenses on the policy can be raised by the insurer is a common feature in a modem life insurance contract. Such a clause gives the policy holder and the beneficiary a guaranty against expensive litigation after the lapse of the specified period while reserving to the insurer a reasonable opportunity to challenge the validity of the policy.
Insurance-Construction-Mortgagee's Interest Under An Appraisal Clause, Lenamyra Saulson
Insurance-Construction-Mortgagee's Interest Under An Appraisal Clause, Lenamyra Saulson
Michigan Law Review
Plaintiff-mortgagee sued defendant insurance company to recover the amount allegedly due plaintiff under a fire insurance policy covering a mortgaged building. Plaintiff based its right to recovery on a New York standard mortgagee clause incorporated into a New York standard fire insurance policy. Before the suit was instituted, defendant had tendered payment to plaintiff in accordance with the findings of an appraisal of loss conducted by the mortgagor and defendant, which fully complied with the terms of the policy. This tender was rejected by plaintiff, which had no notice of, and did not participate in, the appraisal. Plaintiff contended it …
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
Michigan Law Review
The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was limited by the …
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
The Limitation Of Taxation Of Transfers In Contemplation Of Death By The Revenue Act Of 1950, Edmund W. Pavenstedt
Michigan Law Review
The Revenue Act of 1950 amended the estate tax provision dealing with transfers in contemplation of death, which has been on the books ever since the estate tax first appeared as a war emergency measure during World War I, by eliminating from this category all transfers made more than three years prior to the date of death. All transfers made within that period are deemed under the new law to have been made in contemplation of death (and hence are includible in the transferor's gross estate) unless the contrary is shown. Such a rebuttable presumption formerly was limited by the …
Insurance-Loan Contract Which Provides For Cancellation Of Debt In Event Of Named Contingencies As An Insurance Contract, Wendell B. Will
Insurance-Loan Contract Which Provides For Cancellation Of Debt In Event Of Named Contingencies As An Insurance Contract, Wendell B. Will
Michigan Law Review
In consideration of plaintiff's promise to pay $720 to defendant in twelve monthly installments, defendant promised to advance $600. Plaintiff's obligation was to be cancelled in case of his death, and his obligation to pay installments was to be suspended while plaintiff was disabled because of illness or accident. Plaintiff warranted his good health and agreed that the contract was neither usurious nor one of insurance. The contract having been executed, plaintiff sought recovery under the Texas usury statute. The trial court held that of the $120 paid in excess of the loan, $60 was for maximum legal interest, $12 …
Smith: Personal Life Insurance Trusts, Willard H. Pedrick
Smith: Personal Life Insurance Trusts, Willard H. Pedrick
Michigan Law Review
A Review of PERSONAL LIFE INSURANCE TRUSTS. By Allan F. Smith.
Judgments-Res Judicata Between Adverse Codefendants, Nolan W. Carson
Judgments-Res Judicata Between Adverse Codefendants, Nolan W. Carson
Michigan Law Review
ln an attempt to enforce a personal judgment, the judgment creditor brought a statutory equity suit jointly against the judgment debtor (plaintiff in the present suit) and the defendant insurance company to reach and apply the proceeds of a motor vehicle liability policy. The bill was dismissed as to the insurance company. In a subsequent action by plaintiff on the policy, the answer set up the equity decree as res judicata. Plaintiff demurred on the ground that the answer failed to allege that the parties were adversaries inter sese under the pleadings of the former suit. Held, order overruling …
Insurance-Consummation Of The Contract-Delivery Of The Policy, John J. Gaskell S. Ed.
Insurance-Consummation Of The Contract-Delivery Of The Policy, John J. Gaskell S. Ed.
Michigan Law Review
An application for life insurance was accepted, and a policy issued, mailed to, and received by the agent of the insurer. The application provided that the policy would not take effect until "manual" delivery thereof. The agent made several unsuccessful attempts to deliver the policy, but before any physical transmission of the policy, the insured died. The beneficiaries sued to recover the amount of the policy. The trial court gave judgment for the defendant insurance company. On appeal, held, affirmed. Manual delivery was a valid condition precedent. There having been no manual transmission to the insured, and the plaintiffs …