Insurance Law Commons^™

Insurance--Recovery Of Excess Judgement For Insurance Company, Richard Edwin Rowe

West Virginia Law Review

No abstract provided.

Agency Relationship--Creditors' Group Life Insurance Policy, Peter Thomas Denny, Martin Joseph Glasser, John Charles Lobert

West Virginia Law Review

No abstract provided.

Liability Insurer's Duty To Defend Suits For Intentional Injury

Washington and Lee Law Review

No abstract provided.

Secured Transactions-Insurance-A Security Interest In The "Proceeds" Of Secured Collateral Does Not Include Insurance Proceeds-Universal C.I.T. Corp. V. Prudential Investment Corp., Michigan Law Review

Michigan Law Review

In return for a loan, a debtor executed a promissory note to codefendant, Prudential Investment Corporation, and entered into a written agreement to secure this note, designating as collateral a semi-tractor and the proceeds therefrom. Under this type of arrangement, Prudential's security interest would attach automatically to any property received from a sale, exchange, or other disposition of the tractor. Petitioner, Universal C.I.T. Corp., held the conditional sales contract which was executed in financing the purchase of the tractor and was named as loss payee in the insurance contract covering the tractor. When the tractor was totally destroyed, petitioner collected …

Insurer Liability For Damage To Realty When Payment Would Result In Windfall Recovery, Judith Herndon

West Virginia Law Review

No abstract provided.

Indiana Life Insurance Proceeds Exemption Statute And The Law Of Fraudulent Conveyances

Indiana Law Journal

No abstract provided.

Unemployment Benefits In Labor Controversies: The Anachronisms Of The Establishment Doctrine, Robert A. Barker

Buffalo Law Review

No abstract provided.

Mental Stress And Mental Injury In New York Workmen's Compensation, Peter J. Brevorka

Buffalo Law Review

No abstract provided.

Failure Of Insured To Attend Trial As Breach Of Cooperation Clause

Washington and Lee Law Review

No abstract provided.

Changing A Life Beneficiary By Will, Thomas C. Clark

William & Mary Law Review

No abstract provided.

Federal Interpleader - Availability Of Interpleader To Liability Insurer Before Claims Have Been Reduced To Judgments, Underwriters At Lloyd's V. Nichols, 363 F.2d 357 (8th Cir. 1966), F. Prince Butler

William & Mary Law Review

No abstract provided.

Uninsured Motorist Coverage: Past, Present And Future, J. Cris Soich

Duquesne Law Review

The case of Harleysville Mutual Casualty Company v. Blumling is one of first impression in Pennsylvania and concerns the interpretation of the uninsured motorist coverage statute. Before dealing with the factual situation involved in this case, certain comments must be made concerning the legislation involved and its background. Only by reviewing the history of the general problem involved in this case can one obtain an understanding of the decision of the court and an appreciation of the true effect of that decision.

Insurance Contracts - Waiver By Estoppel, Mark A. Rock

Duquesne Law Review

Surrender by an insured of the right to change the beneficiary of his life insurance policy creates a vested interest in the then designated beneficiary and an acceptance by the company of the insured's subsequent request to change the beneficiary constitutes a waiver of the prohibition against such change and an estoppel to deny liability to the new beneficiary.

Phillips v. Continental Assurance Co., 210 Pa. Super. 178, 231 A.2d 422 (1967), allocatur denied, 231 A.2d 422 (1967).

Insurance Law—Physical Contact Requirement Of Mvaic Law Satisfied Where Hit And Run Vehicle Pushes Another Vehicle Into Claimant, Gary H. Feinberg

Buffalo Law Review

Motor Vehicle Acc. Indemnification Corp. v. Eisenberg, 18 N.Y.2d 1, 218 N.E.2d 524, 271 N.Y.S.2d 641 (1966).

Uninsured Motorist Defined, Henry A. Hentemann

Cleveland State Law Review

An attempt will be made to explore the court interpretations of the standard policy definition of "uninsured automobile." However, when reviewing such, three basic consider-tions must be borne in mind. One is that many states have so-called uninsured motorist statutes which contain purpose and intent sections upon which the courts may have relied in allowing a liberal construction to achieve the purpose intended by the legislature. The second is that simple contract law, without statutory influence, requires that the words employed be given their plain and commonly understood meaning. Thirdly, however, any ambiguity in an insurance contract, it being a …

Avoidance Of P.I. Releases For Mutual Mistake: Recent Cases, Franklin Stafford Wearn Ii

Cleveland State Law Review

The purpose of this article is to determine the factors which currently persuade courts to set aside releases under the doctrine of mutual mistake. Therefore, cases involving fraud, misrepresentation, overreaching, or unilateral mistake are outside the scope, except as they shed light on the doctrine's application. We shall consider first those cases where there is thought to be no personal injury at the time of releasing, and then those where some personal injury is known, but where it could be said that there exists a material unknown injury. Let it be noted that, as will be shown, if the releasor …

Title Insurance Aspects Of Tort Liability, Dean T. Lemley

Cleveland State Law Review

By reason of the adequate damages recoverable in contract by the insured, and because of safeguards of ethics and efficient methods of title examinations, underwriting practices, and sophisticated systems of document storage and retrieval, it would appear that tort liability will not become prevalent in the title industry. Since law is disposed to follow the needs of society, rather than to anticipate them, it seems logical that actions in tort liability will not be needed.

The Anomalous Position Of The Insurance Agent - An Invitation To Schizophrenia, Robert M. Morrison

Villanova Law Review (1956 - )

No abstract provided.

Unemployment Compensation Upon Mandatory Retirement

Washington and Lee Law Review

No abstract provided.

The Life Insurance And Annuity Combination Policy

Indiana Law Journal

No abstract provided.

Effect Of Conflicting "Other Insurance" Claims, Anon

Washington Law Review

Plaintiff was seriously injured when an automobile in which she was a passenger collided with another vehicle driven by an uninsured operator. Plaintiff's automobile insurance policy, issued by defendant, included coverage for bodily injury caused by uninsured motorists. Excluded from this coverage, however, was injury sustained in an automobile not owned by plaintiff, if the owner had "similar insurance" which was available to plaintiff. The owner of the automobile in which plaintiff was injured also carried insurance containing uninsured motorist coverage. His policy, written by another company, contained a pro rata clause restricting coverage to a proportionate share of the …

Limiting Language In Unpurchased Policy Provision Does Not Apply To Purchased Coverage, Anon

Washington Law Review

Plaintiff's truck was hit by a tree felled by a logging contractor's employee. The truck was insured by defendant insurance company against damage due to collision, but plaintiff had not purchased coverage under the comprehensive clause. Plaintiff brought an action against defendant insurer for the loss. Relying upon the language of the unpurchased comprehensive clause, the trial court held that defendant's liability did not include loss caused by falling objects. On appeal, a divided Montana Supreme Court reversed. Held: When an insured does not purchase one form of insurance coverage, the insurer may not deny liability on the basis that …

Insurance Law—Mvaic—Uninsured Drivers Endorsement Calling For Reduction Of Workmen’S Compensation Payment From “Insured” Claimant’S Award Is Not Contrary To Legislative Intent, Frederick A. Wolf

Buffalo Law Review

Matter of Durant (MVAIC), 15 N.Y.2d 408, 207 N.E.2d 600, 260 N.Y.S.2d 1 (1965).

The Virginia Uninsured Motorist Law: Its Intent And Purpose, James L. Tucker

William & Mary Law Review

No abstract provided.

The Friendly Versus Hostile Fire Dichotomy, Robert I. Reis

Villanova Law Review (1956 - )

No abstract provided.

Hostile Fire Doctrine - Barcalo Mfg. Co. V. Firemen's Mutual Ins. Co

Maryland Law Review

No abstract provided.

Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz

Cleveland State Law Review

The logic and validity of the public policy argument that to require insurance companies to pay punitive damages would place a burden upon the innocent insurance carrier, and ultimately the public itself, is weak and indefensible. The concern for not wanting to punish the insurance carrier, an innocent party, is not logical since any insurance company is an innocent party. The involvement is based on the contractual relationship of indemnification. If an insurance company does not wish to indemnify for punitive damages, then it should specifically exclude such coverage in the policy. In the absence of such a specific exclusion, …

Misrepresentation In Application For Liability Insurance, Julien C. Renswick

Cleveland State Law Review

The purpose of this paper is discussion of the defenses available to the insured when the insurer attempts forfeiture of a liability policy, particularly auto accident liability, for alleged misrepresentation at the time of application by the insured.

Land Transfer Improvement: The Basic Facts And Two Hypotheses For Reform, Ted J. Fiflis

Publications

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Mexican Bilateral Divorce Decree Recognized Even Though Neither Party was a Mexican Domiciliary At Time of Divorce

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Constitutional Law--Section 504 of LMRDA a Bill of Attainder

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Corporations--DeFacto Merger--Dissenters' Rights--Construction of Merger and Amendment Statutes

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Criminal Law--Search and Seizure--Standing Granted for Dyer Act Prosecutions Without Allegation of Possession

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Damages--Restitutionary Relief for Breach of Contract Granted Under the Tucker Act to a Government Contractor

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Federal Employers' Liability Act--Applicability of "In Whole or in Part" Rule of Proximate Cause to Employer's Efforts To Prove Contributory Negligence Plaintiff brought suit under the Federal Employers' Liability Act'

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