Insurance Law Commons^™

Insurance Law—Duty To Defend, Richard F. Griffin

Buffalo Law Review

Doyle v. Allstate Ins. Co., 1 N. Y. 2d 439, 136 N. E. 2d 484 (1956).

Insurance Law—Presumption Against Suicide, Richard F. Griffin

Buffalo Law Review

Begley v. Prudential Ins. Co. of America, 1 N. Y. 2d 530, 136 N. E. 2d 839 (1956).

Insurance -- 1956 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

In Pennsylvania, etc. Ins. Co. v. Homer,' it appeared that Homer had struck a parked vehicle but failed to stop. His identity was later established and he signed a statement admitting that the accident was his fault and assuming all responsibility in connection therewith, including damage to the vehicle and hospital and medical treatment to any person suffering injuries as a result of the accident. It was not until five months after the collision that Homer's insuror received any notice of the accident. The insuror thereupon filed this action in the chancery court for declaratory judgment to determine its rights …

Insurance, Irwin L. Treiger

Washington Law Review

Covers cases on insurance—effect of a divorce decree.

Insurance-Meaning Of 'War" In Insurance Policies, Richard W. Young S.Ed.

Michigan Law Review

In June 1950, United States military forces in Korea embarked upon an engagement that has been variously described as "war," "police action," "hostilities," and "defense against aggression." No declaration of war was made by Congress nor was a state of war proclaimed by the Chief Executive or our Communist adversaries. This unprecedented commitment of military forces in response to the recommendation of an international organization was consummated by unilateral Presidential action, with Congress only impliedly ratifying the step taken by enacting laws appropriating additional funds for the support of the armed forces in Korea. The ill-defined character of the conflict …

Trusts - Life Insurance Trusts - Contingent Unfunded Life Insurance Trust As Testamentary Disposition, Jerome K. Walsh Jr.

Michigan Law Review

Settlor named defendant bank beneficiary of eight insurance policies on his life. At the same time he entered into a trust agreement with the bank under which the bank was to hold the policies until the death of the settlor and, upon his death, collect the proceeds and distribute them according to one of two alternate methods of distribution. If his wife elected to reject the provisions made for her in his will and insisted on her statutory share of his estate, then the insurance proceeds were to be divided info four equal parts and paid to his four daughters. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Constitutional Law--Equal Protection--Automatic Reversion of Land to Grant or Upon Use by Non-Whites

Constitutional Law--Federal Eminent Domain--Potentiality for Water Power Development as Element of Compensation

Contracts--Place of Making--Acceptance by Instantaneous Means of Communication

Insurance--Automobile Liability Omnibus Clause-Coverage of Sub-Permitee

Insurance--Insurer's Right of Subrogation--Waiver by Refusal to Pay Claim

Master and Servant--Borrowed Servant Doctrine--Contract as Proof of Assumption of Control

Wills--Anti-Lapse Statutes--Beneficiaries of Class Gift Dead at Will's Execution

Book Reviews, Arthur M. Sammis, Michael H. Cardozo, George T. Frampton, Percy Bordwell, S. E. Thorne, Herbert A. Kuvin, W. Bryan Bolich, Joseph Dainow, Robert B. Looper

Journal of Legal Education

No abstract provided.

Insurance--Authority Of Agent To Waive Conditions Of Policy, C. S. Mcg.

West Virginia Law Review

No abstract provided.

Insurance - Recovery - Land Contract Purchaser Allowed Recovery On Both Vendee's And Vendor's Policies In Excess Of Loss, Jerome K. Walsh, Jr.

Michigan Law Review

An owner of realty entered into a contract to sell the land to the plaintiff. The vendor then took out fire insurance on his interest in the amount of $6,000 and the plaintiff obtained a policy covering his interest in the sum of $12,000, with a "three-fourths value" clause. Before performance of the contract and transfer of title, a fire occurred which caused $12,000 damage to the property. After the plaintiff paid the full contract price and took title to the property, he demanded and received an assignment of the claim under the vendor's policy. Plaintiff then brought suit on …

Insurance—Appraisal Provisions Not Enforceable, Dawn Girard

Buffalo Law Review

In re Delmar Box Co., 309 N. Y. 60, 127 N. E. 2d 808 (1955).

Book Review, Marcella Matejka

Cleveland State Law Review

Reviewing Agent's and Buyer's Guide: the Survey Handbook, National Underwriter Company, 1956

Insurance—Contract To Assign Policy, Dawn Girard

Buffalo Law Review

Katzman v. Aetna Life Ins. Co., 309 N. Y. 197, 128 N. E. 2d 307 (1955).

Insurance—Policy Interpretation, Dawn Girard

Buffalo Law Review

Harris v. Allstate Ins. Co., 309 N. Y. 72, 127 N. E. 2d 816 (1955).

Municipal Corporations - Tort Liability - Purchase Of Liability Insurance As Waiver Of Immunity, Alice Austin S.Ed., William C. Becker

Michigan Law Review

According to a well-established common law rule, a municipal corporation is immune to tort liability for wrongs committed in the performance of governmental or public functions, although it is liable for torts committed in the performance of corporate or proprietary functions. This immunity generally cannot be waived without the authorization of the state legislature, and this authorization must be very clearly stated. Interesting questions arise, therefore, when a municipality, with or without statutory authorization, takes out a liability insurance policy covering itself or its agents, or when it causes its agents to take out bonds for faithful performance. The questions …

Admiralty - Constitutional Law - Effect Of State Regulation Of Marine Insurance On Uniformity Of Maritime Law, Charles G. Williamson, Jr. S.Ed.

Michigan Law Review

Petitioner's houseboat, used to transport passengers commercially on a lake between Texas and Oklahoma, was insured against fire and other loss by respondent. Following destruction of the boat by fire, respondent denied liability because of breaches of policy warranties against assignment, pledging, transferring, and use for hire. The petitioner's action was brought in the state court and removed to a federal court because of diversity of citizenship. Texas statutes provide that breaches of policy provisions by the insured are no defense unless the breach contributes to the loss, and that provisions in policies against pledging are invalid. Petitioner contended that …

Joint Tortfeasors In Tennessee And The New Third-Party Statute, Robert W. Sturdivant

Vanderbilt Law Review

Chapter 145 of the 1955 Public Acts' enacted by the Tennessee Legislature, purporting in some degree to permit a third-party action, has evoked considerable interest among members of the Tennessee Bar and liability insurance carriers.

The act provides that when a defendant deems some other party primarily liable to the plaintiff, then the defendant may file a cross action against the third party. It will be recalled that when the Federal Rules of Civil Procedure were first promulgated, Rule 14 provided that a defendant, deeming a third party liable to himsel for to the plaintiff, could make such third party …

How States Should Resolve Conflicts Problems Under The Direct Action Statute-An Approach

Indiana Law Journal

No abstract provided.

Insurance -- 1955 Tennessee Survey, Robert W. Sturdivant

Vanderbilt Law Review

If a period of three years be sufficient time to detect any trend in the field of insurance litigation, there is reflected a decrease in the number of cases reaching our appellate courts having to do with automobile liability insurance and an increase in the number of cases having to do with health and accident policies--the latter probably being the result of the extension of group insurance. In the past year there were only two reported decisions in the state courts and one in the federal court sitting in Tennessee involving automobile liability policies. During the present Survey period, there …

Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.

Michigan Law Review

Plaintiff, a citizen of Texas, obtained from the defendant an insurance policy which was written and delivered in Texas. The defendant agreed to pay for any damages to plaintiff's truck caused by fire, but stipulated that any dispute over the amount of the loss should he determined by arbitration proceedings in accordance with the terms of the contract. The truck was damaged by fire in Arkansas and a dispute arose over the amount of the loss. Plaintiff refused to submit the question to arbitration and brought this suit in the Federal District Court for Arkansas. Defendant argued that the action …

Insurance - Effect Of Contract To Rebuild Upon Garnishees Of Insured, William Boys Harman Jr.

William and Mary Review of Virginia Law

No abstract provided.

Conflict Of Laws - Due Process And Full Faith And Credit - Direct Action Statute, Harvey A. Howard S.Ed.

Michigan Law Review

Defendant issued a liability insurance policy to the manufacturer of a hair-waving product, an Illinois subsidiary of a Delaware corporation having its headquarters in Massachusetts. The policy, issued in Massachusetts and delivered in Massachusetts and Illinois, was to protect the insured against damages that might be suffered by users of the product anywhere in the United States or Canada. It contained a "no action" clause enforceable under Massachusetts and Illinois law prohibiting direct actions against the insurer until final determination of the insured's liability, either by judgment or agreement. Alleging injuries sustained in Louisiana where the product was bought and …

Recovery Of Insurance When Beneficiary Causes Death Of Insured, R. J. W.

West Virginia Law Review

No abstract provided.

Unemployment Compensation--Disqualification--Voluntary Idleness, R. H. R.

West Virginia Law Review

No abstract provided.

The Place Of Unemployment Insurance Within The Patterns And Policies Of Protection Against Wage-Loss, Stefan A. Riesenfeld

Vanderbilt Law Review

The following paper deals with an intricate and perplexing subject, covering an enormous expanse. For modern society has produced income-maintenance schemes of infinite variety and tremendous complexity. Perhaps the most outstanding and important point is the fact that it has developed them at all. When, however, it comes to classifying the different existing systems and to unraveling and correlating their underlying policies, a task resembling the labor of the Danaides is assumed.

The Coverage Of Unemployment Compensation Laws, Alanson W. Willcox

Vanderbilt Law Review

The federal tax which induced the states to enact unemployment compensation laws set a pattern of coverage which the states were under pressure to meet, but which they were wholly free to exceed. With notable exceptions, state coverage is shaped to conform with federal law. In this matter, indeed, federal leadership is so far accepted that the charge of federal "dictation" has not, as it has in other aspects of unemployment compensation, prevented some expansion of the system by federal initiative.

Coverage of the Federal Unemployment Tax Act starts with the concept of "employment" as the determinant of tax liability, …

Eligibility For Benefits, Lee G. Williams

Vanderbilt Law Review

The various state unemployment compensation statutes measure eligibility for unemployment "benefits" or "insurance" or "compensation" by means of a variety of yardsticks. "In the Federal-State system of unemployment insurance established in this country under the Social Security Act, the individual states have been free to develop the particular program that seems best adapted to conditions prevailing within the State. Consequently no two state laws are alike; and the differences are increased by amendments from year to year."

The term "eligibility," as used in the unemployment compensation field, includes many statutorily prescribed factors which themselves differ from state to state. These …

Experience Rating: Its Objectives, Problems And Economic Implications, Edwin R. Teple, Charles G. Nowacek

Vanderbilt Law Review

Within a decade, the system of rate differentiation which has become one of the distinctive characteristics of the unemployment insurance program in the United States spread from the North Woods to the shores of the Gulf of Mexico. The idea so vigorously advocated by Professors John R. Commons and Harold M. Groves, and their Wisconsin colleagues, having been first put into effect under the Wisconsin Law in 1938, was finally incorporated in the Mississippi Law in 1948. Though unknown to the older European systems, experience rating thus took a firm grip upon the program in this country.

A Symposium On Unemployment Insurance - Foreword, Stuart Rothman -- General Counsel, Federal Security Agency

Vanderbilt Law Review

Any statutory program which has such an impact on our economic life is worth consideration by law students and lawyers. More and more, workers and employers will need to consult with lawyers about their rights under the unemployment insurance laws. An increasing number of unemployment insurance cases are being appealed to the courts and an increasing amount of unemployment insurance legislation is being introduced in state legislatures. This symposium will give law students, lawyers, judges and legislators some background information, as well as a discussion of significant legal problems; it will help all to a better understanding of the unemployment …

Administrative Law Problems In The Unemployment Insurance Program, Reginald Parker

Vanderbilt Law Review

"A good government," Albert Einstein said recently, "not only gives its citizens a maximum amount of liberty and political rights but also provides for a certain amount of economic security."' Our Constitution provides for political rights and liberties but not for economic security. Unlike foreign federal constitutions it neither provides for it directly nor delegates social legislation to the states; nor does the Constitution expressly prohibit this type of law. As, however, the Constitution authorizes the states to exercise powers not reserved to the central government, it may be deduced that unemployment relief legislation is within the competence of the …