Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (32)
- Contracts (17)
- Litigation (15)
- Civil Procedure (14)
- Health Law and Policy (10)
-
- Legislation (8)
- Other Law (8)
- Environmental Law (6)
- Business Organizations Law (5)
- Constitutional Law (5)
- Labor and Employment Law (5)
- Legal Remedies (5)
- Medical Jurisprudence (5)
- Transportation Law (5)
- Civil Law (4)
- Courts (4)
- Disability Law (4)
- Jurisdiction (4)
- Property Law and Real Estate (4)
- State and Local Government Law (4)
- Commercial Law (3)
- Consumer Protection Law (3)
- Evidence (3)
- Internet Law (3)
- Law and Economics (3)
- Legal Ethics and Professional Responsibility (3)
- Social Welfare Law (3)
- Admiralty (2)
- Institution
-
- University of Michigan Law School (30)
- Vanderbilt University Law School (15)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (11)
- Pepperdine University (4)
- University of Missouri School of Law (4)
-
- Seattle University School of Law (3)
- University of Kentucky (3)
- New York Law School (2)
- Notre Dame Law School (2)
- University of Maine School of Law (2)
- Villanova University Charles Widger School of Law (2)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Penn State Dickinson Law (1)
- St. John's University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- Universitas Indonesia (1)
- University of Arkansas Little Rock (1)
- University of Arkansas, Fayetteville (1)
- University of Cincinnati College of Law (1)
- University of Georgia School of Law (1)
- University of New Hampshire (1)
- University of South Carolina (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Michigan Law Review (22)
- Vanderbilt Law Review (11)
- Scholarly Works (10)
- Faculty Publications (5)
- Pepperdine Law Review (4)
-
- University of Michigan Journal of Law Reform (4)
- Articles (3)
- Kentucky Law Journal (3)
- Seattle University Law Review (3)
- Anonymous Closed Medical Liability Cases (2)
- Journal Articles (2)
- Maine Law Review (2)
- Vanderbilt Journal of Entertainment & Technology Law (2)
- Villanova Law Review (1956 - ) (2)
- Arkansas Law Notes (1)
- Articles by Maurer Faculty (1)
- Faculty Scholarship (1)
- Fordham Urban Law Journal (1)
- Journal of Indonesian Tourism and Policy Studies (1)
- LLM Theses and Essays (1)
- Nevada Law Journal (1)
- RISK: Health, Safety & Environment (1990-2002) (1)
- South Carolina Law Review (1)
- Touro Law Review (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Cincinnati Law Review (1)
- University of Michigan Journal of Law Reform Caveat (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law School Faculty Publications (1)
- West Virginia Law Review (1)
- Publication Type
Articles 61 - 90 of 91
Full-Text Articles in Insurance Law
Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula
Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula
West Virginia Law Review
No abstract provided.
Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.
Concurrent Causation In Insurance Contracts, William Conant Brewer Jr.
Michigan Law Review
A great deal of work and thought has been devoted to concurrent causation problems in the field of torts. Less attention has been paid to the insurance cases, and no serious effort has been made to formulate the separate rules applicable to them. It is the thesis of this article that concurrent causation problems which arise under an insurance contract must be handled somewhat differently from those which arise in connection with tort litigation, and that the tendency to borrow rules of law from the larger tort field and apply them to the smaller volume of insurance cases can only …
Overlapping Coverages In Liability Contracts; Subrogation, John A. Appleman
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
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
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 …
Automobile Policy Exclusions, A. L. Plummer
Automobile Policy Exclusions, A. L. Plummer
Vanderbilt Law Review
The exclusions in the automobile liability insurance policies have required much litigation to clarify and interpret the intent of the draftsmen and underwriter who wrote them. An exclusion takes away or modifies certain coverages given in the insuring agreements. The giving and taking-away provisions of insurance policies are necessary in the making of a limited contract. They tend to avoid duplication of coverage, limit the assumed risk or hazard, avoid underwriting the primary liabilities of others that should be covered by other policy forms, and otherwise limit the scope of coverage. Since 1936 there has been a constant effort by …
Insurance -- 1960 Tennessee Survey, William R. Andersen
Insurance -- 1960 Tennessee Survey, William R. Andersen
Vanderbilt Law Review
One of the most delicate problems in insurance underwriting is that of describing the events whose occurrence is the primary condition of the insurer's obligation to pay. Several interesting cases were decided during the survey period involving disputes over whether or not an insured event had occurred.
Liability Of An Insurance Agent Or Broker In Procuring Or Maintaining Insurance For An Owner, Jack D. Mcneil
Liability Of An Insurance Agent Or Broker In Procuring Or Maintaining Insurance For An Owner, Jack D. Mcneil
Vanderbilt Law Review
The insurance agent or broker is vulnerable to legal attack on several grounds and may incur liability on a variety of theories ranging from breach of implied warranty to fraudulent misrepresentation. The basic fact situation here discussed arises when one desires insurance and the agent sought for the purpose of procuring that insurance fails to do so through a lack of reasonable care. The nature and origin of the duty owed by such an agent or broker, the various instances in which liability arises, the measure and amount of damages collectible, and the defenses available to the agent are discussed.
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Green: Traffic Victims. Tort Law And Insurance, Spencer L. Kimball
Michigan Law Review
A Review of Traffic Victims. Tort Law and Insurance. By Leon Green.
Insurance - Settlement - Extent Of Insurer's Liability For Wrongful Refusal To Settle When Subsequent Judgment Exceeds Policy Limits, Michael B. Lewiston
Insurance - Settlement - Extent Of Insurer's Liability For Wrongful Refusal To Settle When Subsequent Judgment Exceeds Policy Limits, Michael B. Lewiston
Michigan Law Review
The insured, while driving a borrowed truck, injured plaintiff and his wife. Defendant, insurer on a policy which contained liability limits of $10,000 per person and $20,000 per accident, was notified of the accident but refused to defend the subsequent suit against the insured on the ground that plaintiff's claim was not covered by the policy. Defendant refused an offer to settle the claim for $4,000 solely on the basis of its belief as to coverage, though it was aware that the insured was financially unable to effect his own settlement. A judgment of $25,000 for a plaintiff and $1,250 …
Insurance -- 1958 Tennessee Survey, Robert W. Sturdivant
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 …
Liability Insurance - Cooperation Clause - Failure Of Cooperation Absent A Finding Of Prejudice, Edward B. Stulberg S.Ed.
Liability Insurance - Cooperation Clause - Failure Of Cooperation Absent A Finding Of Prejudice, Edward B. Stulberg S.Ed.
Michigan Law Review
Plaintiff insurance company sought a declaratory judgment absolving it from obligation on an automobile liability insurance policy on the ground that there had been a breach of the cooperation clause. Johnston, the insured, was the driver of a car involved in an accident in Crawford County, Kansas, giving rise to substantial claims by defendant Elliott. At the request of Elliott's attorney, Johnston traveled from his home in Kansas to submit to service of process in Missouri. When plaintiff questioned this behavior, Johnston lied, denying that collusion had prompted his appearance in Missouri. On appeal from summary judgment for plaintiff company, …
Atomic Energy - Indemnity Legislation - Anderson Amendments To The Atomic Energy Act Of 1954, Dudley H. Chapman S.Ed.
Atomic Energy - Indemnity Legislation - Anderson Amendments To The Atomic Energy Act Of 1954, Dudley H. Chapman S.Ed.
Michigan Law Review
The Anderson Amendments were enacted to encourage private industry to enter the atomic energy field by removing the risk of excessive liability for a major nuclear reactor disaster. Such a disaster could result in liability far in excess of available insurance coverage. The solution provided by the new legislation has three aspects: (1) After private financial protection, geared to the amount of available insurance, is obtained by a person licensed by the Atomic Energy Commission, (2) the Commission will execute an agreement to indemnify (not insure) the licensee and "any other person who may be liable for public liability" to …
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 …
Insurance -- 1956 Tennessee Survey, Robert W. Sturdivant
Insurance -- 1956 Tennessee Survey, Robert W. Sturdivant
Vanderbilt Law Review
In Pennsylvania, etc. Ins. Co. v. Homer,' it appeared that Homer had struck a parked vehicle but failed to stop. His identity was later established and he signed a statement admitting that the accident was his fault and assuming all responsibility in connection therewith, including damage to the vehicle and hospital and medical treatment to any person suffering injuries as a result of the accident. It was not until five months after the collision that Homer's insuror received any notice of the accident. The insuror thereupon filed this action in the chancery court for declaratory judgment to determine its rights …
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 …
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 …
Insurance -- 1955 Tennessee Survey, Robert W. Sturdivant
Insurance -- 1955 Tennessee Survey, Robert W. Sturdivant
Vanderbilt Law Review
If a period of three years be sufficient time to detect any trend in the field of insurance litigation, there is reflected a decrease in the number of cases reaching our appellate courts having to do with automobile liability insurance and an increase in the number of cases having to do with health and accident policies--the latter probably being the result of the extension of group insurance. In the past year there were only two reported decisions in the state courts and one in the federal court sitting in Tennessee involving automobile liability policies. During the present Survey period, there …
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 …
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.
Michigan Law Review
Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …
Insurance-Insurable Interest-Joint Adventurers, Alan P. Goldstein S. Ed.
Insurance-Insurable Interest-Joint Adventurers, Alan P. Goldstein S. Ed.
Michigan Law Review
Plaintiff and the deceased were operating an airplane commercially. Plaintiff had purchased the plane, and was paying the deceased $25 per week plus half of the profits of the venture. The deceased acted as pilot, and was instrumental in obtaining business. Plaintiff took out insurance on the plane, and also on the life of the deceased, although their only relationship was through the joint venture. The plane was wrecked and the deceased was killed while on company business. The claim for the plane was paid, but the defendant refused to pay on the life insurance policy, claiming that the plaintiff …
Doctrine Of Imputed Knowledge, P. F. Henderson
Doctrine Of Imputed Knowledge, P. F. Henderson
South Carolina Law Review
No abstract provided.
Limitation Of Coverage In Life Insurance--Aviation Clause, Thomas F. Broden
Limitation Of Coverage In Life Insurance--Aviation Clause, Thomas F. Broden
Journal Articles
In Quinones v. Life and Casualty Insurance Co. of Tennessee the Supreme Court of Louisiana recognized the rapid wartime development of the Army-Navy Air Transport Service to a position equalling, if not surpassing commercial airlines. With all of the qualifications of the aviation clauses satisfied there is no reason why the insurance company should not be liable for the principal sum stipulated in the policy.
Judgments - Declaratory Judgments - Action For Declaration Of Noinliability Under Insurance Policy, Arthur M. Hoffeins
Judgments - Declaratory Judgments - Action For Declaration Of Noinliability Under Insurance Policy, Arthur M. Hoffeins
Michigan Law Review
Plaintiff insurance company sought a declaratory judgment that the person to whom its insured had transferred his automobile was not protected by the policy for damages caused to others, such transfer without the consent of the plaintiff being contrary to the terms of the policy. Held, that since by statute the insurer was made directly liable to the injured party, plaintiff was not entitled to a declaration of noncoverage, since it could not isolate one defense and try it in advance, leaving undecided issues involving the negligence of the person to whom the automobile was transferred. New Amsterdam Casualty …
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Michigan Law Review
Plaintiff, a Minnesota corporation, purchased the vendor's interest in an automobile sold under a conditional sales contract. The defendant insured the plaintiff against direct loss or damage to the automobile by collision and/or upset. The vendee, without plaintiff's knowledge or consent, sold the car to a sub-vendee who drove it to Texas, became involved in an accident, and sold the wreckage to a resident of Texas who purchased in good faith. The car was rebuilt and resold. Plaintiff sued for the loss caused by the collision. Held, plaintiff may recover even though the car was repaired by others prior …
Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee
Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee
Michigan Law Review
Plaintiff insured the defendant against loss on his car due to collision, paid its liability when the defendant's car was damaged by a third party, and took an assignment of plaintiff's claim against the third party to that extent. Defendant then released the third party from liability and plaintiff brought this action to recover the amount paid to the defendant. Held, plaintiff could recover from defendant only for the loss it had sustained by the release, and since plaintiff had failed to prove it could have recovered anything from defendant, it had shown no cause of action. Century Ins. …
Insurance - Automobile Insurance - "Passengers For Consideration", Jacob L. Keidan
Insurance - Automobile Insurance - "Passengers For Consideration", Jacob L. Keidan
Michigan Law Review
In an action upon an automobile liability insurance policy, defendant sought to avoid liability by proof of voluntary payments made to the insured by the plaintiff subsequent to the beginning of the trip. It was held that since no agreement for payment was made prior to the trip the insured was not then carrying "passengers for consideration" within the meaning of the clause contained in the policy for the purpose of protecting the insurer against such use of the vehicle. Reed v. Bloom, (D. C. Okla. 1936) 15 F. Supp. 600.
Insurance - Concept Of Indemnity As Limiting Recovery On Fire Insurance Policies
Insurance - Concept Of Indemnity As Limiting Recovery On Fire Insurance Policies
Michigan Law Review
In the case of Savarese v. Ohio Farmers' Insurance Co. the New York Court of Appeals recently held that a mortgagee, insured against fire loss under a standard mortgagee clause inserted in the policy of the owner, could recover on the policy despite the fact that the owner had gratuitously completely restored the premises after the fire. The court reasoned that to deny recovery would be to permit an act of the owner (mortgagor) to defeat the rights of the mortgagee, in contravention of the terms of the mortgagee clause; also that while a mortgagee has an insurable interest only …
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 …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …