Insurance Law Commons^™

Book Reviews, Lloyd P. Stryker, Howard J. Graham (Reviewer)

Vanderbilt Law Review

Book Reviews

The American Lawyer

Albert P. Blaustein Charles O. Porter with Charles T. Duncan Chicago: The University of Chicago Press,1954. Pp. xiii, 360. $5.50.

reviewer: Lloyd Paul Stryker

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American Business Corporations Until 1860; with Special Reference to Massachusetts

By Edwin Merrick Dodd. Cambridge: Harvard University Press, 1954. Pp. xix, 524. $7.50

reviewer: Howard Jay Graham

Disqualification For Unemployment Insurance, Paul H. Sanders

Vanderbilt Law Review

Our public arrangements in this country for compensating unemployment (including the aggregate of federal and state legislation to that end) are quite properly referred to as an "insurance" program.' Study of the elements of coverage in an insurance policy will be found instructive, therefore, in the matter of eligibility and disqualification for unemployment benefits. A contract of insurance is designed to transfer certain defined risks from the insured to the insurer. The risks selected for this process in a particular policy will be described or stated affirmatively in its provisions. Certain exclusions from the risk may be specified for even …

The Development Of Unemployment Insurance In The United States, Arthur Larson, Merrill G. Murray

Vanderbilt Law Review

The federal-state system of unemployment insurance in the United States is the result of a combination of influences. At its inception, it was influenced by experience with unemployment insurance abroad, by experience with voluntary plans already in existence in this country, by bills that had been introduced in state legislatures over a period of years, and by a number of studies that had been made by official commissions and students of the subject. Its structure was also considerably affected by the fact that those chiefly responsible for drawing up the original legislation had a background of experience in the administration …

Insurance, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Procedural Difficulties Arising Out Of Liability Insurance Of Charitable Or Governmental Bodies - Thomas V. Prince George's County

Maryland Law Review

No abstract provided.

Insurance - Subrogation - Group Hospital Service Organization, Douglas Peck

Michigan Law Review

Plaintiff, a non-profit hospital service organization, furnished services to defendant, a member of the organization injured in an automobile accident. Defendant thereafter entered into a settlement with the third party whose negligence had caused the accident and executed a release which included the hospital bill. Plaintiff then filed a bill in equity against defendant and the third party, claiming that on common law principles of subrogation it was entitled to recover from defendant all sums received by the defendant in settlement for the hospital services and from the third party the cost of the hospital services made necessary by the …

Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.

Michigan Law Review

Defendant issued a policy of fire insurance on an automobile plaintiff had purchased with money borrowed from one Hansen, to whom a note and a chattel mortgage were given as security for the debt. A week after the policy was issued naming plaintiff as the insured, defendant executed an amendment to the policy in the form of an endorsement reading, "Less if any ... shall be paid to the insured and Charles H. Hansen as their interests may appear." The policy provided that it should not apply while the car was subject to any mortgage or other encumbrance not specifically …

Insurance—Duty Of Appraisers, Morton Mendelsohn

Buffalo Law Review

Gervant v. New England Fire Ins. Co., 306 N.Y. 393, 118 N. E. 2d 574 (1954).

Insurance—Notice Of Accident, Morton Mendelsohn

Buffalo Law Review

Bazar v. Great American Indemnity Co., 306 N.Y. 481, 119 N.E. 2d 346 (1954).

Insurance—Airline Trip Insurance, Morton Mendelsohn

Buffalo Law Review

Lachs v. Fidelity & Casualty Co. of New York, 306 N.Y. 357, 118 N.E. 2d 555 (1954).

Insurance—Contract Of Indemnity, Morton Mendelsohn

Buffalo Law Review

Madawick Contracting Co. v. Travelers Ins. Co., 307 N.Y. 111, 120 N.E. 2d 520 (1954).

Insurance—Unearned Premiums, Morton Mendelsohn

Buffalo Law Review

Bohlinger v. Zanger, 306 N.Y. 228, 117 N. E. 2d 338 (1954).

Problems Created By The Purchasers' Inability To Bargain Over Life Insurance

Indiana Law Journal

No abstract provided.

Insurance - Binding Effect On Mortgagee Of Settlement Between Insured And Insurer, David E. Morewitz

William and Mary Review of Virginia Law

No abstract provided.

Insurance, Vincent L. Gadbow

Washington Law Review

Covers cases on collateral estoppel and scope of the prior adjudication of facts.

Insurance--Subrogation--Waiver, R. H. R.

West Virginia Law Review

No abstract provided.

Municipal Corporations - Waiver Of Immunity To Suit By Purchase Of Liability Insurance, Chester F. Relyea S.Ed.

Michigan Law Review

The City of Knoxville owned and operated a municipal airport under authority of a state statute which permitted a municipality to acquire, maintain, and operate a municipal airport in its governmental capacity, and which barred suits against the municipality with respect to its operation of the airport. The city carried a policy of liability insurance covering it in the ownership and operation of the airport. Plaintiff was injured by a fall at the airport terminal building, and instituted a negligence action against the city. The city moved for dismissal, relying upon the immunity given it by the statute. Held, …

Insurance—Variance Between Option And The Settlement Agreement Will Not Defeat A Supplementary Contract, Rudolph F. Defazio

Buffalo Law Review

Hall v. Mutual Life Ins. Co. of New York, 282 App. Div. 203, 122 N. Y. S. 2d 239 (1st Dep't 1953).

Insurance - Insurer's Right Of Restitution For (1) Excessive Payment Made In Discharge Of The Liability Of A Coinsurer And (2) Costs Of Defense, John W. Hupp S.Ed.

Michigan Law Review

The increasing use of the "pro rata" or "other insurance" clause in liability insurance policies has given rise to new instances of coinsurer relationships. Such a clause typically provides that the insurer will not be liable under its policy for a greater proportion of any loss than the applicable limit of liability of its policy bears to the total applicable limit of all valid and collectible insurance against such loss. It has been frequently stated that the existence of such clauses in two policies covering the same loss renders the liability under each of the policies several and not joint, …

Insurance-Scope Of Liability Of Insurer Under Omnibus Clausecovering Automobile Driven By Other Than Named Assured.[Federal]

Washington and Lee Law Review

No abstract provided.

Insurance-Validity Of Attempted Change Of Beneficiary Of Life Insurance Without Compliance With Policy Requirement. [Texas]

Washington and Lee Law Review

No abstract provided.

Insurance, Robert W. Sturdivant

Vanderbilt Law Review

One of the most significant decisions during the past year in the field of liability insurance was that of the Court of Appeals in the case of Southern Fire & Casualty Co. v. Norris.' The case involved the duty of a liability insurer toward the insured in the settlement of claims. As early as 1928, the Supreme Court of Tennessee held that the insurer has an obligation toward the insured to use good faith in the conduct of litigation and in the settlement of claims when the insurer assumes control of a case under the provisions of its policy.

Community Property—Life Insurance, Dale Riveland

Washington Law Review

The insurer interpleaded the insured's daughter as named beneficiary and the insured's wife to determine which was entitled to the proceeds of a group life insurance contract paid from wages. The jury found that the deceased and his wife had agreed that the earnings of each should be separate property. Thus the verdict was for the daughter because the insured had complete ownership of the policy and could select any beneficiary he saw fit. Held on Appeal, reversed and remanded with instructions to enter judgment in favor of the wife. There was insufficient evidence to establish the alleged separate property …

Insurance—Conflict Of Interests—Bad Faith Of Insurer, Myron J. Carlson

Washington Law Review

P, the insured under a public liability insurance policy with D, had been sued by an injured party; one of the grounds alleged for recovery was expressly excepted by the terms of the policy. D insisted on its policy right to control the defense and also to withdraw and disclaim all liability if at the trial the loss was found to be outside the policy coverage. P objected to the reservation of rights by D, pointing out that it would be to D's interest at the trial to allow proof of the loss on grounds outside the policy coverage and …

Taxation - Federal Income Tax-What Constitutes Accident Or Health Insurance Under Section 22(B)(5)-, Marvin O. Young

Michigan Law Review

Plaintiff brought this action to recover federal income tax paid by him for the year 1945 on a sum of $1800 which plaintiff received from his employer pursuant to a "free" sickness benefits plan which plaintiff's employer had in effect, claiming that this amount was excludable from gross income under section 22(b)(5) as "amounts received through accident or health insurance." Plaintiff's employer was an insurance company with authority to write health and accident insurance, and "free" protection was given to all full-time salaried home and branch office employees who could pass a satisfactory medical examination. Many ordinary features of a …

Lnsurance-Recovery-Insurer's Liability On Statutory Automobile Liability Policy For Assault By Agent Of Insured, George B. Berridge

Michigan Law Review

The negligence of a taxicab driver in backing his cab into plaintiff's automobile caused the bumpers of the two cars to lock. When plaintiff stepped out to inspect the situation, he was, without provocation, brutally beaten by the cab driver. Plaintiff recovered a judgment of $3,000 against the driver and the cab owner, and sought to garnishee the defendant, an insurance company which had issued to the cab owner a policy of automobile liability insurance. In 1946, when the assault occurred, the Illinois Motor Vehicle Law required the owner of a vehicle for the carriage of passengers for hire to …

Book Reviews, Harold W. Holt, Harold G. Wren (Reviewer), Walter Chandler (Reviewer), Harold W. Hannah (Reviewer)

Vanderbilt Law Review

Marital Property in Conflict of Laws By Harold Marsh, Jr. Seattle: University of Washington Press, 1952. Pp.

reviewer: Harold Wright Holt

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Life Insurance and Estate Tax Planning By William J. Bowe Nashville: Vanderbilt University Press, November 1952 Revision. Pp. 109.$2.10

reviewer: Harold G. Wren

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Caruthers' History of a Lawsuit Seventh Edition by Sam Gilreath Cincinnati: The W. H. Anderson Company, 1951. Pp. 1088. $17.50.

reviewer: Walter Chandler

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Legal Status of the Tenant Farmer in the Southeast By Charles S.Mangum Chapel Hill: University of North Carolina Press, 1952.Pp. viii, 478, $7.50.

reviewer: Harold W. Hannah

Insurance-Liability Of Insurance Company For Failure To Act Promptly On Application For Life Insurance Policy. [North Dakota]

Washington and Lee Law Review

No abstract provided.

Insurance—Endowment Policy Disbursement—Testamentary Or Contractual, Ivor Lusty

Washington Law Review

S, owner of a fully paid endowment life policy, elected Option 1 as a method of settlement. This gave him a lifetime access to the principal sum and interest, the right to name distributees for the residue, if any, at his death, but withheld the right to change the distributees once named. P, executor of S's estate, claims the residue from D, the insurer, contending the Option 1 agreement to be in violation of the Statute of Wills. The trial court found for D. On appeal, Held: Affirmed. Toulouse v. New York Life Insurance Co., 40 Wn. 2d 538, 245 …

Civil Procedure-Parties-Real Party In Interest When Insurer Has Equitable Interest In Claim, Warren K, Urbom S.Ed.

Michigan Law Review

Plaintiff sued for damages to his fruit and grocery market which were allegedly caused by the negligence of defendant. Interrogatories were submitted by defendant designed to determine whether or not plaintiff had been paid the full amount of his loss by an insurance company and had assigned his claim to that company. The trial court sustained a motion to strike the interrogatories. On appeal, held, reversed, two judges dissenting. Although a tortfeasor cannot defeat an action by the insured by showing full subrogation of the insurer, he can plead an assignment of the insured's claim to show that the …