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Articles 2671 - 2700 of 3228
Full-Text Articles in Insurance Law
Insurance—Rescission Of Automobile Insurance Policy Procured By Fraud, Robert E. Nicely
Insurance—Rescission Of Automobile Insurance Policy Procured By Fraud, Robert E. Nicely
Buffalo Law Review
Woodson v. New York City Housing Authority, 10 N.Y.2d 30, 217 N.Y.S.2d 31 (1961).
Insurance, Robert L. Taylor
Insurance, Robert L. Taylor
Washington Law Review
Covers recent laws on credit life, accident, and health insurance and on life insurance.
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 …
Contacts - Subrogation - Partial Subrogation Of A Cause Of Action For Personal Injuries, Jerome M. Salle
Contacts - Subrogation - Partial Subrogation Of A Cause Of Action For Personal Injuries, Jerome M. Salle
Michigan Law Review
Plaintiff, an incorporated home for the aged, provided all essential medical care to one of its residents under the provisions of a life-care contract between it and the resident. On the basis of a contract clause which purported to subrogate plaintiff to the right of the resident to recover medical expenses caused by the negligence of third parties, plaintiff brought an action to recover certain medical expenses incurred from the party who was allegedly responsible for the injuries and death of the resident. The trial court sustained a demurrer to the complaint for failure to state a cause of action …
"Accident" And "Accidental Means" In Indiana
"Accident" And "Accidental Means" In Indiana
Indiana Law Journal
No abstract provided.
Federal Estate Tax - Marital Deduction - Annuity For Life With Guaranteed Certain Payments Not Divided Into Two Properties By Insurer's Accounting Treatment, William S. Bach
Michigan Law Review
Plaintiff, executor of decedent's estate, brought suit to recover an overpayment of federal estate tax. Decedent had purchased a life insurance policy and had elected an option under which proceeds would be paid to his wife in monthly payments for her life; however, the option also guaranteed a minimum of 240 payments. In the event the wife died before 240 payments were made, payments were to continue to decedent's daughter, or on the death of both wife and daughter, the commuted value of the remaining guaranteed payments would be paid in lump sum to the estate of the survivor. The …
Insurance Contracts: Methods Of Interpretation
Insurance Contracts: Methods Of Interpretation
Washington and Lee Law Review
No abstract provided.
Insurance-Regulation Under The Mccarran-Ferguson Act-Ftc Jurisdiction Not Ousted By A State Statute Proporting To Control Deceptive Advertising Mailed To Other States, Thomas D. Heekin
Michigan Law Review
Petitioner issued a cease-and-desist order prohibiting respondent from making statements in its advertising materials which violated the Federal Trade Commission Act. Respondent, a Nebraska health insurance company, mailed its circulars to residents of every state. The McCarran-Ferguson Act provides that "the Federal Trade Commission Act ... shall be applicable to the business of insurance to the extent that such business is not regulated by State law." A Nebraska statute prohibits an insurer domiciled there from engaging in unfair business practices in any state. In an action to set aside the FTC cease-and-desist order, the Court of Appeals for the Eighth …
Bankruptcy--Life Insurance--Trustee Not Entitled To Case Surrender Value Of Policy, Arthur Mark Recht
Bankruptcy--Life Insurance--Trustee Not Entitled To Case Surrender Value Of Policy, Arthur Mark Recht
West Virginia Law Review
No abstract provided.
Kimball: Insurance And Public Policy, Albert A. Ehrenzweig
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
Pups, Plants And Package Policies - Or The Insurance Antitrust Exemption Re-Examined, Richard A. Wiley
Villanova Law Review (1956 - )
No abstract provided.
Insurance Company Interference In Personal Injury Law Practice, Sheldon E. Baskin
Insurance Company Interference In Personal Injury Law Practice, Sheldon E. Baskin
Cleveland State Law Review
The cloak of immunity that the insurance companies wear, and the fact that recently a trend has been noticed encouraging settlements, results in attorneys, finding their just fees diminished by the interference of third persons not in privity with the attorney-client contract, being compelled to find other means of redressing the wrongs thus perpetrated against them.
The Determination Of Liability In Automobile Insurance Policies Containing Excess Insurance Clauses, Frederick Luther Davis Jr.
The Determination Of Liability In Automobile Insurance Policies Containing Excess Insurance Clauses, Frederick Luther Davis Jr.
West Virginia Law Review
No abstract provided.
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 …
Insurance—Policemen Held "Employees" Under Insurance Policy, Buffalo Law Review
Insurance—Policemen Held "Employees" Under Insurance Policy, Buffalo Law Review
Buffalo Law Review
City of Albany v. Standard Accident Insurance Co., 7 N.Y2d 422, 426, 198 N.Y.S.2d 303, 305 (1960).
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 …
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 …
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 Coverage Against Explosion Damage, William C. Brewer Jr.
Insurance Coverage Against Explosion Damage, William C. Brewer Jr.
Vanderbilt Law Review
Astronomers tell us that the world began with an explosion, and common sense tells us that it may end with one. Today, the explosion is the symbol of the corruption of knowledge. It has always suggested the devastation of property and the tragedy of death, reminding us that man is never in full control of the forces he has loosed for his material benefit. When accidental explosion became frequent enough for consideration by actuaries, it became a natural subject for insurance. It is proposed here to survey the contractual provisions under which explosion may be insured, and to examine briefly …
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.
Loading And Unloading, Norman E. Risjord
Loading And Unloading, Norman E. Risjord
Vanderbilt Law Review
Since the automobile liability policies cover the use, loading and unloading of automobiles anywhere, the general liability policies (comprehensive or manufacturers and contractors or owners, landlords and tenants) correspondingly exclude, substantially, coverage for the automobile while away from premises owned, rented or controlled by the named insured, or the ways immediately adjoining, or the loading or unloading thereof. While the general liability policies do cover the use, loading and unloading of automobiles on premises owned, rented or controlled by the named insured and thus duplicate to a limited extent the coverage under the automobile liability policy where the accident occurs …
Insurance, Thomas B. Grahn
Insurance--Questions In Application--Extent To Which Insured May Rely Upon Suggestions Of Agent, J. G. V. M.
Insurance--Questions In Application--Extent To Which Insured May Rely Upon Suggestions Of Agent, J. G. V. M.
West Virginia Law Review
No abstract provided.
Insurance - Rate Regulation - Competitors' Standing To Seek Administrative Review Of Rate Filings, Joel N. Simon S. Ed.
Insurance - Rate Regulation - Competitors' Standing To Seek Administrative Review Of Rate Filings, Joel N. Simon S. Ed.
Michigan Law Review
The purpose of this comment is to explore, in the light of the All-Industry pattern of regulation and the applicable public policy considerations, the right of rating bureaus and their members to such standing at the administrative level.
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Comparative Negligence And Automobile Liability Insurance, Cornelius J. Peck
Michigan Law Review
The purpose of this article is not to re-plow the ground of history, case law, and statutory developments which has been so competently tilled by others. Nor is the purpose to give a detailed consideration of each of the practical matters mentioned above. Instead, the focus of this article is on the relationship between comparative negligence and automobile liability insurance. Insurance rates and accident statistics, rather than rules of law and cases, are the primary materials. Such a consideration of the subject it might be hoped would give a positive and substantiated answer to the frequently debated but never documented …
Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed.
Insurance - Regulation - The Extraterritorial Effect Of Insurance Regulation, With Particular Emphasis On New York, Bartlett A. Jackson S.Ed.
Michigan Law Review
The past fifteen years have seen extensive examination of the process of regulation of the insurance industry. The recognition that insurance is interstate commerce has caused a reappraisal of the traditional system of state regulation. This examination has been primarily oriented toward determining whether diverse regulation by the various states is adequate in the light of the possibility of centralized federal control.
Insurance - Recovery - Extent Under Interest Limitation Clause Of The Standard Fire Insurance Policy, Roger W. Kapp
Insurance - Recovery - Extent Under Interest Limitation Clause Of The Standard Fire Insurance Policy, Roger W. Kapp
Michigan Law Review
Plaintiff leased vacant land and erected a building thereon. At the election of the lessor the lease could be terminated upon thirty days' notice, plaintiff having the right to remove the building. Defendant issued to plaintiff a policy insuring the building against loss by fire to the extent of the cash value of the property at the time of loss, but not exceeding the repair or replacement cost, "nor in any event for more than the interest of the insured." The building was destroyed by fire and plaintiff sued to recover the full amount of the insurance. The trial court …
Banks And Banking- Housing And Home Finance - Scope Of Insurance Coverage Of Banks Under National Housing Act, Robert L. Mclaughlin
Banks And Banking- Housing And Home Finance - Scope Of Insurance Coverage Of Banks Under National Housing Act, Robert L. Mclaughlin
Michigan Law Review
Borrower executed a promissory note to dealer payee, who assigned it to defendant bank. After default by borrower, plaintiff United States paid to defendant the unpaid balance in accordance with the terms of their insurance contract under Title I of the National Housing Act. The note was then transferred to plaintiff for collection. In an action by the United States against the borrower for the amount due, it was held that the note could not be enforced because of fraudulent misrepresentation by the dealer in acquiring the note, of which the insured bank and transferee government had constructive knowledge. Plaintiff …
A Discussion And Analysis Of The Valic Decision, Laurence M. Jones
A Discussion And Analysis Of The Valic Decision, Laurence M. Jones
Villanova Law Review (1956 - )
No abstract provided.
Book Review, Jack F. Smith
Book Review, Jack F. Smith
Cleveland State Law Review
Reviewing Allen Bush, How to Evaluate and Settle Personal Injury Claims, Bobbs-Merrill Co., Inc., 1960