Insurance Law Commons^™

Book Review, Law Review Staff

Vanderbilt Law Review

The National Probation and Parole Association has been working for over 35 years to improve the administration of justice and in the publication of "Guides for Sentencing" it has provided one of its most important services to judges who are charged with the administration of criminal justice and to juvenile and domestic relations courts. The book is the first of a series of practical manuals for all of the above named courts and it is the result of the combined labors of 37 specially selected United States, state and juvenile judges for a period of about five years. Bolitha J. …

Conflict Of Laws In Insurance Coverage Of Interspousal Torts

Washington and Lee Law Review

No abstract provided.

Taxation - Federal Estate Tax - Insurance And Annuity Combinations, John B. Schwemm S.Ed.

Michigan Law Review

Decedent, aged seventy-six, invested in three single premium life insurance policies. Issuance of each was conditioned on the purchase of a single life, nonrefundable annuity of specified value, and no physical examination was required. Each combination was balanced so that the total premium, exclusive of loading charges, equalled the face value of the insurance. The resulting correlation between compound interest and annuity disbursements made the guaranteed payments to the annuitant correspond precisely with the expected income of a reinvestment of the entire deposit by the insurer. Decedent retained the annuity rights, but all present and future interests in the life …

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, …

Allocating Tenant Tort Liability Through The Fire Insurance Policy

Indiana Law Journal

No abstract provided.

Civil Procedure - Pre-Trial Discovery - Disclosure Of Amount Of Defendant's Liability Insurance, David L. Genger

Michigan Law Review

In an action arising out of a highway collision, plaintiff sought disclosure of the amount of defendant's liability insurance in a pre-trial discovery proceeding. The defendant was adjudged to be in default for his refusal to disclose this information. On a writ of certiorari, held, the order of the trial court is quashed. Only matters which can actually be admitted and used as evidence or matters which might lead to the finding of such evidence are proper subjects of discovery under the Florida rule. The amount of defendant's insurance is not relevant to the litigation since it will accomplish …

Forgotten Insurance Policies In Divorce Cases

Washington and Lee Law Review

No abstract provided.

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 …

The Adequacy Of State Insurance Rate Regulation: The Mccarran-Ferguson Act In Historical Perspective, Spencer L. Kimball, Ronald N. Boyce

Michigan Law Review

Any substantial inquiry into the functioning of the insurance commissioner in American society poses the question, at the threshold of the inquiry, whether state regulatory power over the insurance business is likely to continue, or whether insurance will fall increasingly under the aegis of the federal government. This article seeks to ascertain the minimum conditions for the permanent preservation of state regulatory power over the insurance business, and to determine whether they are now satisfied. These conditions may be summarily stated: the Congress of the United States has shown its willingness to apply federal antitrust and marketing legislation to the …

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 …

Regulation Of Business - Securities Act Of 1933 - Sec Loses Fight To Regulate Variable Annuity, William J. Wise S.Ed.

Michigan Law Review

The defendant, Variable Annuity Life Insurance Company, regulated as a life insurance company by the District of Columbia, issued a contract which it termed an annuity, but which differed from a conventional annuity in certain important respects. Ordinary annuity premiums are invested in debt securities while the premiums paid on the variable annuity are invested in common stocks. Further, instead of benefit payments in fixed dollar amounts, the variable annuity's benefits fluctuate since the value of the fund from which they are paid is affected by changing stock prices and dividend policies. The SEC, claiming these provisions brought the contract …

Fraud And False Swearing Clauses In Insurance Contracts, Thomas Beecher

Buffalo Law Review

American Paint Service v. Home Insurance Co. of N.Y., 246 F.2d 91 (3d Cir. 1957).

Fire Insurance For Freedom, Clarence Emmett Manion

Journal Articles

Mr. President Betts, Mr. President-Elect, gentlemen of the International Association of Insurance Counsel and your lovely ladies: I am particularly grateful and edified to a very great extent by the intelligent interest of the advocates of the advocates—may I say that of your lovely wives—for their sustained interest in these legalisms that you have heard here this morning. It is very impressive, and it encourages me to say primarily to the ladies present that what I am ostensibly addressing to the gentlemen, I am really addressing to you. I know, of course, that you are defense lawyers primarily, and I …

Insurance—Construction Of Assignment Of Insurance As Security, Glenn Morton

Buffalo Law Review

Walzer v. Walzer, Walzer v. Walzer, 3 N.Y.2d 8, 163 N.Y.S.2d 632 (1957).

Insurance—Indemnification—Accident Involving Vendee Of Named Insured, Richard Kirchgraber, Ronald Malin

Buffalo Law Review

Phoenix Insurance Company v. Guthiel, 2 N.Y.2d 584, 161 N.Y.S.2d 874 (1957); Switzer v. Merchants Mutual Casualty Company, 2 N.Y.2d 575, 161 N.Y.S.2d 867 (1957).

Insurance—Liability For Injuries To Insured's Spouse, Glenn Morton

Buffalo Law Review

New Amsterdam Casualty Company v. Stecker, 3 N.Y.2d 1, 163 N.Y.S.2d 626 (1957).

Insurance—Failure Of Proper Notice To Insurer, Glenn Morton

Buffalo Law Review

Deso v. London and Lancashire Indem. Co. of America, 3 N.Y.2d 127, 164 N.Y.S.2d 689 (1957).

Insurance, Robert L. Taylor

Washington Law Review

Covers mutual insurers, standard valuation law, investments, title insurers, and unfair practices and fraud.

Insurance -- 1957 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

The case of Lee v. Occidental Life Ins. Co.' is one of first impression in this state, and considers the effect of a change in the by-laws and constitution of a labor union--with a corresponding change in coverage under a group insurance policy issued to the union--on the rights of an insured member of the union.

Life, Health and Accident Insurance In Alvis v. Mutual Benefit Health and Acc. Ass'n, the Supreme Court construed certain provisions of a ten-year annual increasing policy issued to the plaintiff's intestate by defendant insuror.

Restitution -- 1957 Tennessee Survey, John W. Wade

Vanderbilt Law Review

Compulsion of Judgment: This year's most important decision in the field of Restitution is the famous case of New York Life Ins. Co.v. Nashville Trust Co.' This was the case in which one Buntin disappeared from his home in Nashville under circumstances which led the Supreme Court of Tennessee to hold that he had committed suicide and thus died while an insurance policy was still in effect. As a result the plaintiff insurance company was compelled to pay the defendant trust company, as trustees for the beneficiaries of the policy (Buntin's family), an amount of $60,000. Years later, Buntin was …

Insurance, David H. Olwell

Washington Law Review

Covers cases on accidents—determination of the number of accidents in one mishap.

Regulation Of Business - Sherman Act - Concerted Refusals To Deal Not Illegal Per Se, Gerald D. Rapp

Michigan Law Review

The government sought an injunction restraining the members of an organization of independent insurance agents responsible for writing nearly 80 percent of the fire insurance in the Cleveland, Ohio, area from carrying out association regulations. Adherence to the rules was challenged as a conspiracy in restraint of trade and an attempt to monopolize in violation of sections 1 and 2 of the Sherman Act. The regulations were designed to prevent the members from representing (1) mutual insurance companies, (2) branch office companies which contribute to the agents a portion of their overhead expense and, (3) insurance companies which operate branch …

Insurance Coverage And Inter-Spouse Liability, Richard F. Griffin

Buffalo Law Review

Surety Co. of N.Y. v. Diamond, 1 N. Y. 2. 594, 136 N. E. 2d 876 (1956).

Abstracts Of Recent Cases, M. J. P.

West Virginia Law Review

No abstract provided.

Insurance--Accidental Death--Notice To Insurer, L. L. P.

West Virginia Law Review

No abstract provided.

Insurance Law—Third Party Practice—Cooperation, Richard F. Griffin

Buffalo Law Review

Am. Surety Co. of N.Y. v. Diamond, 1 N. Y. 2d 594, 136 N. E. 2d 876 (1956).

Insurance Law—Cooperation With Fire Insurer, Richard F. Griffin

Buffalo Law Review

Happy Hank Auction Co. v. Amertcan Eagle Fire Ins. Co., 1 N. Y. 2d 534, 136 N. E. 2d 842 (1956).

Insurance Law—Statements Of Good Health, Richard F. Griffin

Buffalo Law Review

Bronx Savings Bank v. Weigandt, 1 N. Y. 2d 545, 136 X. E. 2d 848 (1956).

Insurance Law—Conflict Of Interest Between Company And Assured, Weston Wardell Jr.

Buffalo Law Review

Prashker v. United States Guarantee Co., 1 N. Y. 2d 584, 136 N. E. 2d 871 (1956).

Civil Procedure--Insurance Companies As Real Parties In Interest, Joseph B. Helm

Kentucky Law Journal

No abstract provided.