Insurance Law Commons^™

Insurance, Edgar Hunter Wilson

Mercer Law Review

A number of the Georgia cases in the field of insurance were concerned with the question of whether the insurer had waived its right to rely on certain policy provisions. Pacific Fire Ins. Co. v. Cash was a suit on an automobile collision policy. The company relied on a provision in the policy which stated that the insurance was not effective while the automobile was subject to encumbrances not described in the contract. The policy had blanks for the indication of encumbrances and other information. These blanks were not filled up. It appeared that the agent had not asked the …

Evidence-Probative Value Of Inferences From Failure To Call A Witness, Cleaveland J. Rice S.Ed.

Michigan Law Review

lnsured sued to recover sickness benefits under an insurance policy. The defense was that the insured was not in good health when the policy was issued. The only evidence introduced by the defendant insurance company was plaintiff's refusal to consent to taking the deposition of an examining hospital physician. Defendant's request for a directed verdict on the issue of good health was refused. After being instructed that from the refusal to permit taking of the deposition they might "presume that such evidence . . . would operate against plaintiff and be against his interest in this suit," the jury returned …

Federal Courts-Use Of A Cross-Claim Under Rule 13(G) Of The Federal Rules Of Civil Procedure, Rex Eames S.Ed.

Michigan Law Review

Under an ordinary automobile insurance policy, P insurance company promised to defend and indemnify Harvey for any suit arising from an accident involving his use of the insured truck. Collier sued Harvey in a state court alleging injuries due to the negligent use of the insured truck by two Harvey employees. Before judgment thereon, P, incorporated under the laws of Wisconsin, sued Harvey and Collier, citizens of Oklahoma, in the federal court. P sought a declaratory judgment on the grounds that (a) at the time of the accident the employees were under the control and supervision of the City …

Book Reviews, Frank E. Horack Jr., Nathaniel L. Nathanson, Max Radin, Robert L. Taylor, Roy R. Ray, Robert H. Wettach, David R. Deener, Monrad G. Paulsen, Austin W. Scott

Journal of Legal Education

No abstract provided.

Contracts-Measure Of Damages-Life Insurance Contract, Howard Van Antwerp

Michigan Law Review

When the plaintiff was expelled from defendant Brotherhood an insurance policy issued to the plaintiff by the defendant was canceled and the cash surrender value paid to him in accordance with the terms of his policy. The directors of the Brotherhood later decided that this expulsion had been wrongful, whereupon the plaintiff returned the cash surrender value of the policy and demanded the return of all premiums paid. When this demand was refused, the plaintiff sued to recover damages for wrongful cancellation of his policy. The trial court instructed the jury to return a verdict for the premiums paid with …

Insurance-Reinstatement-''Insurability", Joseph G. Egan S.Ed.

Michigan Law Review

lnsured took out a policy of life insurance with defendant company which contained a clause providing for reinstatement within five years after default on presentation "of evidence of insurability satisfactory to the company" and payment of overdue premiums with interest. After default in payment of premiums, insured requested reinstatement. The insured had taken up aviation in the interval between issuance of the policy and the request for reinstatement. The company agreed to reinstate on condition that the insured would agree to a modification of the policy, so that it would not cover death resulting from operation of any kind of …

Insurance-Subrogation-Right Of Insured To Recover On An Automobile "Collision" Policy After Full Settlement With The Negligent Wrongdoer, Robert W. Shadd S.Ed.

Michigan Law Review

Respondent, whose automobile was covered by a policy of "collision" insurance in appellant insurance company, suffered serious personal injuries and complete loss of his car as a result of a collision with an oil company truck. Despite numerous telephone calls, appellant failed to settle for the cash value of the automobile, as required by the insurance contract. In the meantime, respondent brought an action against the oil company, joining the claims for personal injury and property damage, and executed a full release to that company in return for a settlement of $20,000. He then brought this action for actual damages …

Recent Cases, Law Review Staff

Vanderbilt Law Review

RECENT CASES

ATTORNEYS--REINSTATEMENT PROCEEDINGS--JURISDICTION OF DISBARRING COURT

============================

AUTOMOBILE LIABILITY INSURANCE--ESTOPPEL BY JUDGMENT--PRIOR JUDGMENT AGAINST INSURED AS BAR TO INSURER'S DEFENSE OF LACK OF COVERAGE

============================

BURGLARY INSURANCE--CRIMINAL ACT OF EMPLOYEE OF INSURED--HARM TO THIRD PERSON AS JUSTIFICATION

============================

CHATTEL MORTGAGES--MORTGAGEABILITY OF I.C.C. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY--APPROVAL OF COMMISSION AS CONDITION PRECEDENT

============================

CONSTITUTIONAL LAW--DUE PROCESS--MANDATORY MINIMUM PRICE MARK-UPS ON INTOXICATING LIQUORS

============================

CONSTITUTIONAL LAW--OATH OF ALLEGIANCE AND OATH OF OFFICE--POWER OF LEGISLATURE TO ENLARGE UPON CONSTITUTIONAL PROVISION

=============================

CONVEYANCES--CONSTRUCTION OF LIMITATIONS--ENTAILING LANGUAGE AS WORDS OF PURCHASE OR WORDS OF INHERITANCE

=============================

CRIMINAL LAW--PRIVILEGE OF SELF-DEFENSE--DUTY OF OCCUPANTOF …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Automobiles--Family Purpose Doctrine--Automobile Owned by other than Head of Family

Contracts--Effect of Illegality--Recover Where No Moral Turpitude involved and Purpose of Statute Not Violated

Corporations--Liability of Officer to Creditors for Excessive Salary--Burden of Proof on Defendant to Show Reasonableness

Criminal Law--Proximate Cause--Responsibility for Death Due to Acts of Persons Opposing a Felony

Criminal Law--Violation of the Mann Act--Actual Transportation Entirely within a Single State

Evidence--Confidential Communications between Spouses--Admissibility of Testimony as to Conduct of Party Spouse

Insurance--Commercial--Radius Endorsement in Automobile Insurance--Effect of Breach after Return to Designated Area

Personal Property--Finding Lost Goods--Chambermaid's Right to Goods Found by Her …

Changing The Beneficiary Of A Life Insurance Contract, Grover C. Grismore

Michigan Law Review

A cursory examination of the court reports will reveal that there is a constant stream of cases coming before our courts in which the principal questions at issue involve the disposition of the proceeds of matured life insurance policies. The question arises most often when the insured, having reserved the right to change the beneficiary, had manifested an intention that someone other than the beneficiary named in the policy should receive the proceeds, but had not complied with the formalities prescribed in his contract for effecting a change. Unfortunately, the answer to the question in the particular case has often …

Insurance-Insurable Interest-Joint Adventurers, Alan P. Goldstein S. Ed.

Michigan Law Review

Plaintiff and the deceased were operating an airplane commercially. Plaintiff had purchased the plane, and was paying the deceased $25 per week plus half of the profits of the venture. The deceased acted as pilot, and was instrumental in obtaining business. Plaintiff took out insurance on the plane, and also on the life of the deceased, although their only relationship was through the joint venture. The plane was wrecked and the deceased was killed while on company business. The claim for the plane was paid, but the defendant refused to pay on the life insurance policy, claiming that the plaintiff …

Recent Cases, Law Review Staff

Vanderbilt Law Review

CONFLICT OF LAWS--DOMICIL FOR PURPOSES OF INCOME TAXATION--ABSENCE OF FIXED INTENT TO REMAIN IN RESIDENCE OR TO RETURN TO DOMICIL OF ORIGIN

=================================

CONSTITUTIONAL LAW--INTERSTATE COMMERCE--VALIDITY OF STATE TAX UPON GROSS RECEIPTS OF SEGMENT OF INTERSTATE COMMERCE

=================================

CONSTITUTIONAL LAW--PEACEFUL PICKETING--POWER OF STATE COURT TO ENJOIN

=================================

CONSTITUTIONAL LAW--POWER OF COURT TO PUNISH FOR DIRECT CONTEMPT--OPPORTUNITY TO OBTAIN COUNSEL

=================================

EVIDENCE--ADMISSIBILITY OF SCIENTIFIC TESTS--HARGER DRUNKOMETER TEST TO DETERMINE INTOXICATION

=================================

FEDERAL JURISDICTION--REQUIREMENT THAT FEDERAL QUESTION APPEAR ON FACE OF COMPLAINT--APPLICATION TO DECLARATORY JUDGMENT ACTION

==================================

INCOME TAXES--DEDUCTION OF BUSINESS EXPENSES--DEDUCTIBILITY OF PENALTIES FOR VIOLATION OF PRICE REGULATIONS

==================================

INSURANCE--"COMPREHENSIVE" COVERAGE …

The Special Nature Of The Insurance Contract: A Few Suggestions For Further Study, Franklin M. Schultz

Articles by Maurer Faculty

No abstract provided.

Kentucky's New Insurance Code, James C. Creal

Kentucky Law Journal

No abstract provided.

Insurance As Commerce Five Years Under The Seua Decision, Austin J. Lilly

Maryland Law Review

No abstract provided.

Appeal And Error-Union Of Law And Equity-Appealability Of Order Denying Demand For Jury Trial, Earl R. Boonstra S. Ed.

Michigan Law Review

Defendant held an insurance policy written by plaintiff which by its terms covered a hangar against loss by fire. After the hangar had been destroyed by fire, plaintiff instituted this suit for reformation on the ground that the contract had been written as a fire policy through mutual mistake. Defendant denied the mistake, filed a counterclaim to recover on the policy as written, and demanded a jury trial. Plaintiff moved to strike the demand, and the motion was granted. The court of appeals dismissed the defendant's appeal. On certiorari, held, affirmed. Not being a final decision, the order denying …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases

Bills and Notes--Fictitious Payee Known only to Fraudulent Employee of Drawer--Negotiable Instruments Law v. Fictitious Payee Act

Constitutional Law--Amendment and Revision--Power to Call Constitutional Convention Limited to Consideration of Specific Topics

Constitutional Law--Interstate Commerce--Dental of License to Ship Milk Held Invalid

Constitutional Law--Separation of Powers--Legislative Control over Admission to the Bar

Contracts--Recited Cash Consideration--Effect of Non-payment

Contracts--Statute of Frauds--Letterhead as a Signature

Criminal Procedure--Communication between Judge and Jury--Effect of Inquiry as to Pronounced Majority

Criminal Procedure--Constitutional Right to Public Trial--Power of Court to Order Courtroom Cleared of Spectators

Estates--Disability of Life Tenant to Purchase Tax Title to Exclusion …

Insurance-Liability Of Insurer For Judgment In Excess Of Policy Limits, Clinton R. Ashford S.Ed.

Michigan Law Review

A liability insurer has issued a policy, reserving the sole right to effect a settlement, and refuses to settle, within the limits of the policy, a claim against the insured. A judgment in excess of the policy limit is then recovered against the insured. These circumstances present the question whether the insurer may be liable to the insured for the amount of the judgment in excess of the policy limit.

This comment will be limited to consideration of cases involving only the above facts, and no attempt will be made to consider the liability of the insurer for failing to …

International Contracts, By Geoffrey Chevalier Cheshire, Monrad G. Paulsen

Indiana Law Journal

No abstract provided.

Insurance-Effect Of Liability Insurance On Parent's Immunity From Tort Liability To Child

Washington and Lee Law Review

No abstract provided.

Debtors' Estates-Right Of Debtor To Claim Homestead Exemption In Insurance Proceeds From Non-Exempt Property Destroyed By Fire

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

ADJOINING LAN DOWNERS--OVERHANGING BRANCHES--INJUNCTION AGAINST MAINTENANCE REFUSED

=================================

ADMINISTRATIVE LAW--ZONING BOARD--RIGHT OF BOARD TO APPEAL FROM ADVERSE DECISION OF LOWER COURT

=================================

CONSTITUTIONAL LAW--FREEDOM OF RELIGION--STATUTE OUTLAWING SNAKE-HANDLING

=================================

CONSTITUTIONAL LAW--STATE CONSTITUTIONAL REQUIREMENT FOR VOTING TO "UNDERSTAND AND EXPLAIN" THE CONSTITUTION--EFFECT OF DISCRIMINATORY ADMINISTRATION AGAINST NEGROES

=================================

CONTRACTS--OFFER AND ACCEPTANCE--EFFECT OF ATTEMPTED REVOCATION OF UNILATERAL OFFER AFTER PART PERFORMANCE

=================================

CRIMINAL LAW--DOUBLE JEOPARDY--CONVICTION OF HIGHER OFFENSE ON RETRIAL

=================================

CRIMINAL LAW--LARCENY--SINGLE ACT CONSTITUTING SEPARATE OFFENSES

=================================

FEDERAL JURISDICTION--AMOUNT IN CONTROVERSY--DEGREE OF EVIDENCE REQUIRED

=================================

INSURANCE--INCONTESTABLE CLAUSE--EFFECT ON ACTION BY INSURER TO REFORM POLICY

=================================

LOTTERIES--SLOT MACHINES--FREE GAMES AS PROPERTY OF …

Insurance-Effect Of Incontestable Clause In Suit For Reformation Of Policy, N. S. Peterman S. Ed.

Michigan Law Review

For over twenty years, defendant insurer accepted premiums on a life insurance policy issued to plaintiff. Defendant then discovered that a clerical error had been made in the original policy, as a result of which plaintiff's premium payments were approximately one-half the premiums defendant normally received for the type of policy actually issued. Defendant asked for reformation of the policy on the ground of mistake, and the trial court granted the relief sought. On appeal, held, reversed. The action was barred by the incontestable clause. Richardson v. Travelers Insurance Co., (App. 9th, 1948) 171 F. (2d) 699.

Stockholder Attacks On Corporate Pension Systems, F. Hodge O'Neal

Vanderbilt Law Review

This article considers the legal issues raised when a corporate pension system is attacked by minority stockholders. These issues perhaps best can be delineated by focusing attention on a representative fact-situation.

The board of directors of a corporation formulate a pension plan for corporate officers and employees. Retirement benefits under the plan are to be based on employees' "past service" (i.e., service rendered the company prior to the effective date of the plan) as well as on their "future service" (i.e., service rendered after the plan is in operation). The plan includes provisions for funding the pensions with either a …

Doctrine Of Imputed Knowledge, P. F. Henderson

South Carolina Law Review

No abstract provided.

Life Insurance, The Forbidden Fruit, William J. Rowe

Vanderbilt Law Review

Until recently life insurance has represented the most impenetrable stronghold of the professional tax avoider and his advisors. As a vehicle for the transmission of wealth to future generations with minimum tax levies, it stood unrivaled. During a policyholder's life the value of his policy for gift tax purposes was and is measured by replacement cost.' Under applicable regulations during the thirties, when insurance was transferred by way of inter vivos gift the tremendous increase in value of the policy that came with death escaped gift tax, income tax, and estate tax. But since 1941 the situation has been reversed …

A Planner's Primer, William M. Reynolds

Vanderbilt Law Review

Anyone undertaking an assignment to write within a few pages under this comprehensive title must limit his coverage. This general article on a subject as intangible as estate planning omits entirely or gives short treatment to many considerations which may be of great importance to the conscientious planning of relatively complicated estate situations., Emphasis will be placed on the tax aspects of estate planning, particularly federal taxes, but consideration will be given to other aspects which may be of equal or even greater importance. This deliberate emphasis is certainly not intended to add to the misleading impression, too frequently held, …

Life Insurance, The Forbidden Fruit, William J. Bowe

Vanderbilt Law Review

Until recently life insurance has represented the most impenetrable stronghold of the professional tax avoider and his advisors. As a vehicle for the transmission of wealth to future generations with minimum tax levies, it stood unrivaled. During a policyholder's life the value of his policy for gift tax purposes was and is measured by replacement cost.' Under applicable regulations during the thirties, when insurance was transferred by way of inter vivos gift the tremendous increase in value of the policy that came with death escaped gift tax, income tax, and estate tax. But since 1941 the situation has been reversed …

Some Aspects Of Estate Planning In Tennessee, Alec B. Stevenson

Vanderbilt Law Review

Not many years ago a large New York bank circulated privately booklet with the provocative title "The Passing of the Simple Will." The choice of the title and the text itself underlined the complexities which surround the owner of property and his advisers when they jointly attempt to plan the disposition of a modern estate for modem needs. The now almost legendary owner of Blackacre could, indeed, write a simple will, quite effective and satisfactory as a plan for the disposition 'and use of the family property. One need scarcely recite the changes which have taken place in more recent …

Transfers In Contemplation Of Death, Edward N. Polisher

Vanderbilt Law Review

The scope of this article is limited to the discussion of transfers prompted by motives associated with life and moral obligations; transfers made simultaneously with the execution of a will, or as a part of a plan of testamentary disposition; transfers of life insurance policies; and lastly, valuation of such transfers.