Insurance Law Commons^™

Abstracts Of Recent Cases, William Walter Smith

West Virginia Law Review

No abstract provided.

Deduction Of Interest On Loans Associated With Life Insurance Annuity Contracts, Converse Murdoch

Villanova Law Review (1956 - )

No abstract provided.

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.

Insurance -- 1962 Tennessee Survey, Robert N. Covington

Vanderbilt Law Review

The courts of Tennessee were confronted by a number of interesting problems of insurance law during 1962. For the most part, the results were neither startling nor unsettling. There were, however, decisions that seem to qualify previous opinions, sometimes without citation, and there was one very troublesome opinion concerning credit life insurance.

Insurance-Variable Annuities-Application Of Investment Company Act Of 1940, William C. Brashares

Michigan Law Review

Anticipating the sale of variable annuity contracts as a part of its regular business, Prudential, a life insurance company, applied to the Securities and Exchange Commission for complete exemption from the requirements of the Investment Company Act of 1940. Prudential claimed that it qualified for exemption as an insurance company under the definition of "insurance company" in the Investment Company Act ("a company ... whose primary and predominant business activity is the writing of insurance . . . and which is subject to supervision by the insurance commissioner or a similar official or agency of a state"). In the alternative, …

Insurance--Duty To Defend--Alleged Facts Not Within Policy Coverage, Charles David Mcmunn

West Virginia Law Review

No abstract provided.

Book Reviews, Hans W. Baade, C. Wilfred Jenks, Ronan E. Degnan, Clarence Clyde Ferguson Jr,, James F. Hogg, Roscoe Cross, Roscoe C. Martin, Roscoe L. Barrow, Melvin G. Dakin

Journal of Legal Education

No abstract provided.

Determination Of Actual Cash Value For Insurance Purposes

Washington and Lee Law Review

No abstract provided.

Insurance -- 1961 Tennessee Survey (Ii), Robert N. Covington

Vanderbilt Law Review

The Tennessee decisions in the field of insurance law during the survey period dealt almost exclusively with problems that may be characterized as the selection and control of risks. The importance of the principles used in the solution of these problems is obvious. Only by being able to select carefully those risks for which insurance will be offered can the insurer properly determine the premium that is to be charged. If policy language is interpreted to grant broader coverage than that actually intended, then the insurance fund is subjected to greater potential loss than estimated,so that the insurer's profits will …

Book Reviews, Henry J. Friendly, Robert B. Mckay, Allan H. Mccoid, Spencer I. Kimball, Wylie H. Davis

Journal of Legal Education

No abstract provided.

Insurance -- 1961 Tennessee Survey, Robert N. Covington

Vanderbilt Law Review

The developments in the Tennessee law of insurance during the past year were important without being surprising. The various courts delivered opinions dealing with a number of the central issues in insurance law, especially in the field of risk control, and by and large followed the line of thinking established by past years. Many of the decisions are of less significance than one might suppose, because of their extreme involvement in particular fact situations.

"Accident" And "Accidental Means" In Indiana

Indiana Law Journal

No abstract provided.

Kimball: Insurance And Public Policy, Albert A. Ehrenzweig

Michigan Law Review

A Review of Insurance and Public Policy. By Spencer L. Kimball.

Pups, Plants And Package Policies - Or The Insurance Antitrust Exemption Re-Examined, Richard A. Wiley

Villanova Law Review (1956 - )

No abstract provided.

Overlapping Coverages In Liability Contracts; Subrogation, John A. Appleman

Vanderbilt Law Review

Within the last twenty-five years, approximately, a considerable transition has taken place in approaching the coverages of automobile policies. At one time, liability insurers used to require their policy-holders to pledge that they did not carry other insurance of like character. It is difficult to understand why this situation ever arose. It may have been an outgrowth of fire coverages, or health and accident provisions, in which a moral hazard actually might exist where excessive protection is carried. Thereafter, instead of making this a matter of warranty, policies frequently provided that in the event there should be any other valid …

Semi-Direct Action Against Liability Insurers: Current Problems, Ronan E. Degnan

Vanderbilt Law Review

The legislatures of the various states of the union have by and large seen fit to forbid actions by an injured party directly against a liability insurer. This limitation, founded upon policy reasons which are doubtless apparent to the reader, has led the interested parties to seek out various indirect or semi-direct methods for reaching the insurance fund. This article is designed to discuss two particularly difficult problems which have arisen because of this semi-direct mode of proceeding: (1) By what appropriate methods can a judgment be obtained against a nonresident tort feasor or his estate so as to create …

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 …

A Discussion And Analysis Of The Valic Decision, Laurence M. Jones

Villanova Law Review (1956 - )

No abstract provided.

Insurance - Right Of Insurer To Subrogate To Collateral Contract Rights Of The Insured - In The Matter Of Future Manufacturing Cooperative, Inc., Donald C. Allen, Robert E. Powell

Maryland Law Review

No abstract provided.

The Relation Of Trial Counsel To The Public, John Alan Appleman

West Virginia Law Review

No abstract provided.

Insuring Against Medical Professional Liability, Bernard D. Hirsh

Vanderbilt Law Review

The purpose of this article is to analyze the protection provided in medical professional liability policies. Part I consists of a discussion of some of the factors involved in the purchase of malpractice insurance and an examination of the principal insuring agreements, exclusions, and conditions stated in the standard policy. Part II is a summary of the results of a questionnaire sent by the Law Division of the American Medical Association to insurance companies to determine their opinions regarding insurance coverage in a series of hypothetical cases.

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. …

Insurance - Motor Vehicle Accident Indemnification Corporation Law - Compensation Assured For Innocent Automobile Accident Victims, Bartlett A. Jackson

Michigan Law Review

A 1958 New York statute requires the organization of an Indemnification Corporation by companies selling automobile liability insurance within the state. The corporation will assess members in order to establish a fund which will be used to reimburse persons who are injured in a motor vehicle accident and are unable to collect from the person causing the injury. In order to qualify, the injured party must not be covered by a policy of automobile insurance nor may he own an uninsured motor vehicle. He must secure a judgment against the financially irresponsible driver and petition the court to order the …

Insurance -- 1958 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

The case of Clinchfield R.R. v. United States Fidelity & Guaranty Co.' involved the question of whether the insured, in a suit against his insurer, is bound by findings adverse to him in prior litigation between the insured and a third person.The liability insurance policy involved covered certain vehicles of the railroad company but expressly excluded from coverage injuries to employees in the course of their employment. One Harrison, a regular railroad employee, was injured while riding in an insured vehicle with a fellow employee. He sued the railroad company under the Federal Employers Liability Act. Before he could recover …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Conflict of Laws--Jurisdiction--Assumption of Personal Jurisdiction over Non-Resident Insurer on the basis of a Single Insurance Contract

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Constitutional Law--Taxation--Tax Immunity of Federal Government not Infringed by Local Taxes upon Possession of Government Property

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Evidence--Hearsay--Utterance of Employee under Emotional Stress Admissible to Establish Scope of Employment and Render Employer Vicariously Liable

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Insurance--Automobile--Duplicating Recoveries allowed under Liability and Medical Payment Clauses of Automobile Liability Insurance Policy

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Insurance--Business Indemnity--Radiation Decontamination Expenses not Recoverable under a Business Interruption Clause

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Insurance--Life--Variable Annuity Contracts not Subject to Regulation by Securities and Exchange Commission

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Physicians--Unprofessional Conduct--Willful Evasion of Federal …

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

Restitution -- 1957 Tennessee Survey, John W. Wade

Vanderbilt Law Review

Compulsion of Judgment: This year's most important decision in the field of Restitution is the famous case of New York Life Ins. Co.v. Nashville Trust Co.' This was the case in which one Buntin disappeared from his home in Nashville under circumstances which led the Supreme Court of Tennessee to hold that he had committed suicide and thus died while an insurance policy was still in effect. As a result the plaintiff insurance company was compelled to pay the defendant trust company, as trustees for the beneficiaries of the policy (Buntin's family), an amount of $60,000. Years later, Buntin was …

Civil Procedure--Insurance Companies As Real Parties In Interest, Joseph B. Helm

Kentucky Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Constitutional Law--Equal Protection--Automatic Reversion of Land to Grant or Upon Use by Non-Whites

Constitutional Law--Federal Eminent Domain--Potentiality for Water Power Development as Element of Compensation

Contracts--Place of Making--Acceptance by Instantaneous Means of Communication

Insurance--Automobile Liability Omnibus Clause-Coverage of Sub-Permitee

Insurance--Insurer's Right of Subrogation--Waiver by Refusal to Pay Claim

Master and Servant--Borrowed Servant Doctrine--Contract as Proof of Assumption of Control

Wills--Anti-Lapse Statutes--Beneficiaries of Class Gift Dead at Will's Execution