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Articles 2641 - 2670 of 3228

Full-Text Articles in Insurance Law

Damages--Liability Insurance And Punitive Damages, Harold Dale Brewster Jr. Feb 1963

Damages--Liability Insurance And Punitive Damages, Harold Dale Brewster Jr.

West Virginia Law Review

No abstract provided.


Breach Of Cooperation Clause Of Liability Policy - Fidelity And Casualty Co. Of N. Y. V. Mcconnaughy, David S. Cordish Jan 1963

Breach Of Cooperation Clause Of Liability Policy - Fidelity And Casualty Co. Of N. Y. V. Mcconnaughy, David S. Cordish

Maryland Law Review

No abstract provided.


Uninsured Motorist Coverage, Henry A. Hentemann Jan 1963

Uninsured Motorist Coverage, Henry A. Hentemann

Cleveland State Law Review

This article is concerned with the insurance contract that provides this unique coverage and the legal problems that surround some of its major provisions. Many of these, however, are not yet fully resolved. This is due to the relatively early stage of its development and to the fact that existing decisions are too few and too fragmentary to permit a statement of controlling rules or principless Nevertheless, the problems will be posed and the principles of law and the cases will be explored. The article will concern itself with the right of subrogation, the arbitration clause and the applicable statute …


Insurer's Failure To Settle, John L. Heaslip Jan 1963

Insurer's Failure To Settle, John L. Heaslip

Cleveland State Law Review

When one purchases a liability insurance policy he is contracting with the insurer for the insurer to stand in his place and to pay all liability claims brought against the insured for which the insured is legally liable. In essence, the risk of financial loss is transferred from the shoulders of the insured to those of the insurer, to the extent of the policy limits. The rights and duties of the parties created by a typical automobile liability policy are clearly stated in the policy.


Policyholders' Interest Income From Life Insurance Under The Income Tax, Richard Goode Dec 1962

Policyholders' Interest Income From Life Insurance Under The Income Tax, Richard Goode

Vanderbilt Law Review

Life insurance policies usually combine pure insurance and saving features. This fact is recognized by the industry and by those who draw up national economic accounts but is not fully reflected in the income tax. None of the return on saving through life insurance is taxed to a policyholder prior to the maturity, redemption, or surrender of a policy. Part of the return, but apparently only a small fraction of the total, is taxed when policies mature for reasons other than the death of the insured or are redeemed or surrendered. Inasmuch as most forms of investment income are taxable, …


Securities Issuance And Regulation: The New Indiana Securities Law, Arthur J. Pasmas Jr. Oct 1962

Securities Issuance And Regulation: The New Indiana Securities Law, Arthur J. Pasmas Jr.

Indiana Law Journal

No abstract provided.


Insurance—Jury Trial Waived By Life Insurance Beneficiary Through Dilatory Tactics, Richard S. Mayberry Oct 1962

Insurance—Jury Trial Waived By Life Insurance Beneficiary Through Dilatory Tactics, Richard S. Mayberry

Buffalo Law Review

Phoenix Mutual Life Insurance Company v. Conway, 11 N.Y.2d 367, 183 N.E.2d 754, 229 N.Y.S.2d 740 (1962).


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 Sep 1962

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.


Some Aspects Of The Omnibus Clause, David C. Lycette Sep 1962

Some Aspects Of The Omnibus Clause, David C. Lycette

Washington Law Review

The presence of an omnibus clause in automobile insurance policies can be attributed to the highly competitive nature of the insurance industry. Basically, the omnibus clause is designed to give insurance coverage to an un-named person who is driving the policyholder's automobile with the latter's consent. A standard clause reads, With respect to the insurance for bodily injury liability and for property damages liability the unqualified word "insured" includes the named insured and also includes any person while using the automobile and any organization legally responsible for the use thereof, provided the actual use is by the named insured or …


Determination Of Actual Cash Value For Insurance Purposes Sep 1962

Determination Of Actual Cash Value For Insurance Purposes

Washington and Lee Law Review

No abstract provided.


Discovery Of Liability Insurance Under New Rules, William Erwin Barr Jun 1962

Discovery Of Liability Insurance Under New Rules, William Erwin Barr

West Virginia Law Review

No abstract provided.


Insurance -- 1961 Tennessee Survey (Ii), Robert N. Covington Jun 1962

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 …


The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis May 1962

The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis

Michigan Law Review

When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person. Combinations of these three solutions are possible by applying sometimes …


Insurance-Rate Regulation-Construction And Effect Of Guaranty Bond Agreement, Robert L. Harmon Apr 1962

Insurance-Rate Regulation-Construction And Effect Of Guaranty Bond Agreement, Robert L. Harmon

Michigan Law Review

Plaintiff, an insurance agents' association and several other insurance companies and associations, instituted an action attacking an order of the State Board of Insurance. The order approved a guaranty bond form, together with rates and rules, which had been submitted to ,the Board pursuant to statute by the defendant insurance company. The guaranty agreement was an arrangement whereby defendant guaranteed payment of losses under fire insurance policies of other insurers in the event the latter should be unable to pay. Although the bond form was not restricted to any specific original insurers, it was contemplated that defendant would use ,the …


Materiality Of Ownership In Auto Liability Policies Mar 1962

Materiality Of Ownership In Auto Liability Policies

Washington and Lee Law Review

No abstract provided.


Insurance - Omnibus Clause - Unauthorized Driver Covered Where Car Used For Permitted Purpose, Richard S. Cohen Mar 1962

Insurance - Omnibus Clause - Unauthorized Driver Covered Where Car Used For Permitted Purpose, Richard S. Cohen

William & Mary Law Review

No abstract provided.


Virginia's Experience With The "Uninsured Motorist" Act, John M. Court Mar 1962

Virginia's Experience With The "Uninsured Motorist" Act, John M. Court

William & Mary Law Review

No abstract provided.


Liability Of An Insurance Carrier In Excess Of Coverage, Richard S. Cohen Mar 1962

Liability Of An Insurance Carrier In Excess Of Coverage, Richard S. Cohen

William & Mary Law Review

No abstract provided.


Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed. Feb 1962

Taxation-Federal Income Tax-Strike Insurance Agreements, Robert A. Butler S.Ed.

Michigan Law Review

Contracts indemnifying persons or corporations for losses and damage resulting from an interruption of business due to strikes have existed at least since the beginning of this century. The Mutual Security Company of Connecticut, for example, wrote such a policy for the Buffalo Forge on April 9, 1906. In more recent times, strike insurance agreements have been instituted in major industries, and their impact on collective bargaining has been the subject of some controversy. The purpose of this comment is to consider the federal income tax questions which arise from such arrangements. Specifically, attention is directed to the deductibility of …


Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott Feb 1962

Insurance Law - Recovery - Action For Wrongful Refusal To Settle Claim Precluded By Bankruptcy Of Insured, James A. Mcdermott

Michigan Law Review

The plaintiff, as trustee in bankruptcy of the insured, sued the defendant insurer to recover damages resulting from a judgment entered against the insured in a personal injury suit. This judgment subjected the insured to a liability of 89,000 dollars in excess of the 10,000 dollar automobile liability_ coverage carried with the insurer. The insurer, pursuant to its policy, had undertaken the insured's defense and had failed, allegedly in bad faith, to settle the suit for an amount within the limits of its coverage. Before judgment was entered in the personal injury suit the insured was insolvent; six months following …


Enforceability Of Temporary Binders Issued By Life Insurance Companies - Simpson V. Prudential Insurance Co. Of America, J. Frederick Sharer Jan 1962

Enforceability Of Temporary Binders Issued By Life Insurance Companies - Simpson V. Prudential Insurance Co. Of America, J. Frederick Sharer

Maryland Law Review

No abstract provided.


Federal Taxation Of Life Insurance Wealth, R. Dale Swihart Jan 1962

Federal Taxation Of Life Insurance Wealth, R. Dale Swihart

Indiana Law Journal

No abstract provided.


Taxability Of Life Insurance Proceeds Paid To Stockholders Of Closely Held Corporations Jan 1962

Taxability Of Life Insurance Proceeds Paid To Stockholders Of Closely Held Corporations

Indiana Law Journal

No abstract provided.


Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner Jan 1962

Insurance-State Regulation-Unauthorized Insurers False Advertising Process Act, Chester A. Skinner

Michigan Law Review

Recent Illinois legislation subjects foreign insurers who are not authorized to do business in Illinois and who circulate false advertising there to the jurisdiction of the state courts and the State Insurance Commissioner. When the Insurance Commissioner is informed of false or misleading advertising, he is to notify the supervisory insurance official of the domicile state of the foreign insurer. If this notice does not result in the cessation of the activity, the Commissioner may proceed against the insurer under the state's Unfair Trade Practice Act. Since the typical mail order insurer will not have agents or property within the …


Labor Law-Duty To Bargain-Disclosure To Union Of Costs Of Noncontributory Group Insurance, Burton L. Raimi Jan 1962

Labor Law-Duty To Bargain-Disclosure To Union Of Costs Of Noncontributory Group Insurance, Burton L. Raimi

Michigan Law Review

In the course of bargaining for a new contract with an employer, the union requested information regarding the costs and benefits of a noncontributory group health insurance program which the employer provided for its employees. Petitioner provided a breakdown of the plan's benefits but refused to disclose its cost. Charging that this refusal amounted to a violation of the employer's statutory duty to bargain in good faith about "wages,'' the union procured the issuance of a complaint by the National Labor Relations Board. The trial examiner concluded that such costs were costs of production rather than wages and consequently did …


Book Reviews, Henry J. Friendly, Robert B. Mckay, Allan H. Mccoid, Spencer I. Kimball, Wylie H. Davis Dec 1961

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

Journal of Legal Education

No abstract provided.


Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula Dec 1961

Federal Courts--Amount In Controversy--Aggregation Of Claims Against Co-Defendant Insurance Companies, Edward Andrew Zagula

West Virginia Law Review

No abstract provided.


Insurance Law- Business And Investment Limitations - Authority Of Foreign Life Insurer To Acquire A Fire And Casualty Subsidiary, G. E. Oppenneer Dec 1961

Insurance Law- Business And Investment Limitations - Authority Of Foreign Life Insurer To Acquire A Fire And Casualty Subsidiary, G. E. Oppenneer

Michigan Law Review

Plaintiff, a Connecticut life insurer, proposed to acquire a controlling stock interest in a fire and casualty insurance company. The New York Superintendent of Insurance, supported by the state Attorney General, advised that plaintiff would thereby disqualify itself from doing business in the state under the business and investment limitations of the Insurance Law. Plaintiff sought a declaratory judgment that its proposal was permissible. The supreme court denied plaintiff's motion for summary judgment, granted defendant's cross-motion and dismissed the complaint; the appellate division affirmed. On appeal, held, reversed, three judges dissenting. The legislature did not intend to extend the …


Insurance -- 1961 Tennessee Survey, Robert N. Covington Oct 1961

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.


Insurance—Foreign Life Insurer Licensed In State May Control Insurance Firms Engaged In Non-Life Business, Robert D. Stein Oct 1961

Insurance—Foreign Life Insurer Licensed In State May Control Insurance Firms Engaged In Non-Life Business, Robert D. Stein

Buffalo Law Review

Aetna Casualty and Surety Co. v. O'Connor, 8 N.Y.2d 359, 207 N.Y.S.2d 679 (1960).