Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (12)
- Taxation-Federal Estate and Gift (11)
- Contracts (9)
- Taxation-Federal (9)
- Litigation (8)
-
- Tax Law (8)
- Estates and Trusts (7)
- Civil Procedure (6)
- Other Law (5)
- Law and Economics (4)
- Military, War, and Peace (4)
- Family Law (3)
- Health Law and Policy (3)
- Securities Law (3)
- Bankruptcy Law (2)
- Business Organizations Law (2)
- Environmental Law (2)
- Property Law and Real Estate (2)
- State and Local Government Law (2)
- Administrative Law (1)
- Anthropology (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Consumer Protection Law (1)
- Elder Law (1)
- Evidence (1)
- Judges (1)
- Jurisprudence (1)
- Institution
-
- University of Michigan Law School (30)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
- Washington and Lee University School of Law (8)
- Vanderbilt University Law School (6)
- West Virginia University (5)
-
- University of Kentucky (4)
- University of Maine School of Law (3)
- University of Washington School of Law (3)
- Boston University School of Law (2)
- University of Florida Levin College of Law (2)
- University of Missouri School of Law (2)
- University of Richmond (2)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Notre Dame Law School (1)
- Pepperdine University (1)
- St. Mary's University (1)
- The University of Akron (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- Villanova University Charles Widger School of Law (1)
- Publication Year
- Publication
-
- Michigan Law Review (24)
- Washington and Lee Law Review (8)
- Scholarly Works (7)
- Vanderbilt Law Review (6)
- West Virginia Law Review (5)
-
- Articles (4)
- Kentucky Law Journal (4)
- Maine Law Review (3)
- Washington Law Review (3)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Law Faculty Publications (2)
- UF Law Faculty Publications (2)
- Akron Law Review (1)
- Faculty Articles (1)
- Fordham Urban Law Journal (1)
- Indiana Law Journal (1)
- Journal Articles (1)
- Law & Economics Working Papers (1)
- Nevada Law Journal (1)
- Publications (1)
- The Journal of Business, Entrepreneurship & the Law (1)
- University of Baltimore Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Villanova Law Review (1956 - ) (1)
- Publication Type
Articles 61 - 84 of 84
Full-Text Articles in Insurance Law
Insurance-Recovery For Death In Military Aviation Accident Under Policy With Aviation Clause But No War Clause
Washington and Lee Law Review
No abstract provided.
Insurance-Construction Of Policy-"Military Or Naval Service" Clause-"Aviation" Clause, Paul J. Keller, Jr., S.Ed.
Insurance-Construction Of Policy-"Military Or Naval Service" Clause-"Aviation" Clause, Paul J. Keller, Jr., S.Ed.
Michigan Law Review
Plaintiffs, six minor children of deceased, were beneficiaries of a $20,000 life insurance policy issued to deceased while a member of the United States Army. Traveling under Army orders, the deceased procured a permit from the operations officer at an Army airfield in Puerto Rico for space on a regular Army transport route to another Army field in Puerto Rico. The plane crashed, killing all of its occupants. The policy issued to the deceased contained an "aviation" clause and a "military service" clause, under both of which the defendant insurance company rests its defense. Held: Deceased was a "fare-paying …
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.
Legal Liability For War Damage, John Hanna
Legal Liability For War Damage, John Hanna
Michigan Law Review
This article considers some of the rules for determining liability for economic loss in respect of war claims, especially as applied in connection with claims of life insurance companies for loss of premiums, of insurers of property for war risk insurance premiums, of property insurers for sums paid to foreign policyholders on war losses, and of owners seeking to recover for loss of expected profits. The rules discussed are broadly applicable to international claims in general.
Taxation - Federal Gift Tax - Integration With Income Tax, Katherine Kempfer
Taxation - Federal Gift Tax - Integration With Income Tax, Katherine Kempfer
Michigan Law Review
Beck in 1935 created an irrevocable funded insurance trust of $172,000 in securities together with seven policies of insurance on his life. The income from the securities was to be applied to pay the premiums on the policies and any surplus was to be distributed to his wife and daughter. At grantor's death the proceeds of the policies were to be added to the corpus of the trust and all income was to go to the same beneficiaries for life with remainders over. There was no possibility of reverter in the grantor and no right to alter, modify or revoke …
Taxation Of Annuity Contracts Under Federal Income Tax, Robert Meisenholder
Taxation Of Annuity Contracts Under Federal Income Tax, Robert Meisenholder
Michigan Law Review
A number of questions dealing with the taxability of commercial annuity policies under death tax statutes have received judicial consideration. By contrast, only a few questions dealing with the taxability of these contracts under income tax laws have been raised before the courts. But the income tax problems are equally important in terms of tax liability. Moreover, they will in the future assume an even larger significance in view of the large number of annuity contracts of various types which have been issued and are now being offered by insurance companies. Accordingly some explanation of these problems is warranted.
Federal Taxation Of Insurance Trusts, Allan F. Smith
Federal Taxation Of Insurance Trusts, Allan F. Smith
Michigan Law Review
The life insurance trust may take many forms and serve a variety of purposes, but for present purposes it may be defined as a trust, at least part of the corpus of which is a policy of life insurance, in which the duty of the trustee is to receive the proceeds of such policy and administer such proceeds as a trust. Such a trust, like any other, may be revocable or irrevocable, and may be funded or unfunded. These various types will be considered separately only where the tax results vary with the type. The present objective is to survey …
Income Tax--Assignment Of Right To Renewal Commissions On Certain Life Insurance Policies--To Whom Taxable And When, Clarence Cornelius
Income Tax--Assignment Of Right To Renewal Commissions On Certain Life Insurance Policies--To Whom Taxable And When, Clarence Cornelius
Kentucky Law Journal
No abstract provided.
Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.
Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.
Michigan Law Review
Appellant, administrator of the deceased's estate, sued the defendant for damages caused by its negligent failure to accept or reject deceased's application for life insurance within a reasonable time. A deposit had been made on the premium, and, but for the delay, the policy would have been approved and the deceased covered by it at the time of his death. The jury returned a verdict for the appellant, who appealed when the judge rendered judgment non obstante veredicto in favor of appellee. Held, that the insurance company was under no duty to accept or reject the application within a …
The Presumption Of Death From Absence As Affecting The Statute Of Limitations And The Nonpayment Of Premiums In Life Insurance Cases, Kenneth Cox
Washington Law Review
The doctrine that seven years' unexplained absence from home will raise a presumption that the missing person is dead has proved a troublesome one to apply in the insurance cases in which, modernly, it is chiefly called into play. As long as it is merely employed to establish the death of a missing spouse, in order to allow remarriage by the survivor, or in order to permit the distribution of the missing person's estate, or in many of the other situations where it is relied upon to establish the fact of death, the courts have little difficulty with the presumption. …
Insurance--Effect Of Delivery Of Life Insurance Policy To Agent, Jo M. Ferguson
Insurance--Effect Of Delivery Of Life Insurance Policy To Agent, Jo M. Ferguson
Kentucky Law Journal
No abstract provided.
Life Insurance--Change Of Beneficiary In A Policy In Which Right To Make Such A Change Has Been Reserved To The Insured--Kentucky Rule, Jo M. Ferguson
Life Insurance--Change Of Beneficiary In A Policy In Which Right To Make Such A Change Has Been Reserved To The Insured--Kentucky Rule, Jo M. Ferguson
Kentucky Law Journal
No abstract provided.
Insurance - Supervision By The State - What Constitutes The Insurance Business, Thomas E. Wilson
Insurance - Supervision By The State - What Constitutes The Insurance Business, Thomas E. Wilson
Michigan Law Review
Plaintiff, a corporation, advertised that any person who bought goods from certain selected stores would be entitled to receive coupons, and when his coupons amounted to a certain sum he would be entitled to certain death and security benefits up to specified amounts. Plaintiff brought suit against the Insurance Commissioner of Pennsylvania to enjoin him from interfering with the plaintiff's business. Held, that the plaintiff was carrying on an insurance business and was subject to supervision by the Insurance Commissioner. Hunt v. Public Mutual Benefit Foundation, (C. C. A. 3d, 1938) 94 F. (2d) 749, certiorari denied (U. …
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Washington Law Review
The past year has witnessed the closing by judicial decision of two important gaps in the Washington community property law, both relating to life insurance proceeds. The first case in point of time, Occidental Life Insurance Company v. Powers, announced the rule that where the husband changes the beneficiary of a life insurance policy which is the property of the community because issued on the life of the husband during marriage and paid for with community funds, without the consent or knowledge of the wife, the former beneficiary, the attempted gift by the husband is ineffective and the wife may …
Bankruptcy-Disposition Of Insurance Policy Assigned To Beneficiary
Bankruptcy-Disposition Of Insurance Policy Assigned To Beneficiary
Michigan Law Review
Mrs. Humphrey was the beneficiary in an insurance policy taken out by her husband on his own life. He assigned this policy to her at a time when it was pledged to the insurance company for loans slightly in excess of the cash surrender value. Mr. Humphrey died after Mrs. Humphrey had filed her voluntary petition in bankruptcy. Held, the policy is not an asset of the bankrupt estate, but belongs to Mrs. Humphrey rather than the trustee. Curtis v. Humphrey, (C. C. A. 5th, 1935) 78 F. (2d) 73.
Contracts --Anticipatory Breach- Denial Of Liability As A Repudiation
Contracts --Anticipatory Breach- Denial Of Liability As A Repudiation
Michigan Law Review
A life insurance policy provided that the insured was to be paid a certain sum per month in case of permanent disability. A dispute arose between the company and the insured as to the proper construction of the contract. The company expressed willingness to perform the contract as it construed it, but this was a refusal to pay the monthly disability income. The insured brought an action to recover total damages for anticipatory breach, of the contract to pay the permanent disability benefits. Held, that the insurer had not made such an unequivocal refusal to perform the contract as …
Insurance - Failure To Act Promptly On Application - Tort Liability Of Insurer
Insurance - Failure To Act Promptly On Application - Tort Liability Of Insurer
Michigan Law Review
Although mere delay in passing upon an application for insurance cannot, as a rule, be construed as an acceptance of the offer for a contract of insurance, in recent years some courts have held insurance companies liable in tort where there has been delay in acting upon the policy and the loss sought to be insured against has occurred in the meantime. Plaintiff, to sustain a cause of action in tort, must prove negligence on the part of the insurer, or its agents, and that the policy would have been issued to the applicant but for the negligence. The suit …
Taxation -Income From Irrevocable Funded Insurance Trusts - Constitutionality Of Statute
Taxation -Income From Irrevocable Funded Insurance Trusts - Constitutionality Of Statute
Michigan Law Review
The settlor created irrevocable trusts to pay premiums on policies of insurance issued on his life in favor of irrevocably-named beneficiaries. Held, that sec. 219 (h), Rev. Acts 1924, 1926, making income from trusts taxable to the settlor, is constitutional. Burnet v. Wells, (U. S. 1933) 53 Sup. Ct. 7.61.1
Insurance - Death In Violation Of Law-Proximate Cause
Insurance - Death In Violation Of Law-Proximate Cause
Michigan Law Review
Decedent's life was insured by the defendant company, a clause in the by-laws of which, incorporated in the policy by reference, excepted liability where death occurred in consequence of a violation of law. Decedent and two companions had committed the crime of auto banditry, and police officers, with warrants for their arrest, surprised them in possession of the stolen car, killing the decedent who sat armed with a rifle in the rear seat as the car drove away. Held, the policy covered the death of the insured, including additional payment for accidental death. Ben Hur Life Association v. Cox …
Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy
Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy
Michigan Law Review
An endowment policy was made payable to insured if he should live to the policy anniversary date next preceding his sixtieth birthday, otherwise to his executors or administrators. Four years after the policy was taken out, insured was sentenced to life imprisonment for killing his wife. A statute provided that the estate of a person incarcerated for life "shall be administered upon and distributed, and his contracts and relations to persons and things are affected, in all respects, as if he were dead." In an action on the policy by the administrator of insured, held, that imprisonment of insured …
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.
Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett
Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett
Washington Law Review
The vast and increasing amount of money invested in policies of life insurance in the states having a community property system makes the status of the proceeds of such policies under that system of very general interest, and renders it highly desirable and important that the laws as to such contracts should be worked out with dispatch, definiteness and certainty The fact that there are in the community property states different theories as to the character and extent of the wife's interest and different statutes affecting the determination of the rights of the spouses has led to somewhat varying results. …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.