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Articles 2911 - 2940 of 3228

Full-Text Articles in Insurance Law

Insurance Concepts Of Total And Permanent Disability, John Alan Appleman, John D. Carson Jan 1946

Insurance Concepts Of Total And Permanent Disability, John Alan Appleman, John D. Carson

Kentucky Law Journal

No abstract provided.

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Limitation Of Coverage In Life Insurance--Aviation Clause, Thomas F. Broden Jan 1946

Limitation Of Coverage In Life Insurance--Aviation Clause, Thomas F. Broden

Journal Articles

In Quinones v. Life and Casualty Insurance Co. of Tennessee the Supreme Court of Louisiana recognized the rapid wartime development of the Army-Navy Air Transport Service to a position equalling, if not surpassing commercial airlines. With all of the qualifications of the aviation clauses satisfied there is no reason why the insurance company should not be liable for the principal sum stipulated in the policy.

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Insurance-Misrepresentation-False Answers Inserted In Application By Soliciting Agent, Milton D. Solomon S.Ed. Dec 1945

Insurance-Misrepresentation-False Answers Inserted In Application By Soliciting Agent, Milton D. Solomon S.Ed.

Michigan Law Review

The plaintiff brought this action against the defendant insurance company as beneficiary of a life insurance policy. The insured signed the application in blank and the soliciting agent inserted false answers to questions in the application concerning medical attendance and prior application for insurance. The application was inserted in and became a part of the policy. The policy was mailed by the defendant to the insured with a return post-card wherein it was stated that the statements on the application were correct and that the insured was in good health. The card was signed by the insured, witnessed by the …

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Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec Oct 1945

Insurance-Incontestability Clause-Fraud In Connection With Reinstatement, T. M. Kubiniec

Michigan Law Review

Plaintiff sued for disability benefits under a life insurance policy providing that it should be incontestable from its date and that insured's statements, in the absence of fraud, should be deemed representations and would not avoid the policy unless contained in a written application, a copy of which was attached to the policy when issued. Defendant sought to rescind the contract on the ground that a reinstatement granted some eighteen months before had been induced by fraudulent statements. Held, the reinstatement may be contested only within the time after reinstatement fixed for contesting the policy, and that fraud is …

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Death By Accidental Means Oct 1945

Death By Accidental Means

Indiana Law Journal

Notes and Comments: Insurance

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Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday Oct 1945

Insurance--Insurable Interest--Assignment Of Life Insurance Policy As Collateral Security, Richard C. Scatterday

Michigan Law Review

The insured and a revocably designated beneficiary jointly assigned a life insurance policy as collateral security for a prior indebtedness of the insured. Another policy and first deed of trust notes were also assigned as collateral by the insured. Upon the death of the insured, who obtained the policy and paid all premiums, the bank applied a proportionate amount of the proceeds from this policy to the debt and paid the remaining sum to the beneficiary. Executors of the estate of the insured seek to recover the sum paid by the bank to the beneficiary, while executors of the beneficiary …

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Legal Liability For War Damage, John Hanna Jun 1945

Legal Liability For War Damage, John Hanna

Michigan Law Review

This article considers some of the rules for determining liability for economic loss in respect of war claims, especially as applied in connection with claims of life insurance companies for loss of premiums, of insurers of property for war risk insurance premiums, of property insurers for sums paid to foreign policyholders on war losses, and of owners seeking to recover for loss of expected profits. The rules discussed are broadly applicable to international claims in general.

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Abstracts, Mary Jane Plumer Jun 1945

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

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The Function Of Insurance Lawyers, E. W. Sawyer Apr 1945

The Function Of Insurance Lawyers, E. W. Sawyer

Indiana Law Journal

No abstract provided.

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Evidence-Effect Of Presumption Against Suicide, Edwin Boos Feb 1945

Evidence-Effect Of Presumption Against Suicide, Edwin Boos

Michigan Law Review

Asserting that the deceased met his death by accidental drowning, appellant sued as beneficiary to recover under a double indemnity clause of an insurance policy issued to the deceased by the defendant. The defense was that the deceased committed suicide and that a clause in the policy prevents recovery of double liability under such circumstances. The jury found for the defendant and, on appeal, the beneficiary contended that the trial judge committed prejudicial error against her by refusing to instruct the jury that there was a strong presumption against suicide and in favor of accidental death. Held, the code …

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Insurance-Gratuitous Assignment Of Life Policy Where Right To Change Beneficiary Is Reserved, Craig E. Davids S.Ed. Feb 1945

Insurance-Gratuitous Assignment Of Life Policy Where Right To Change Beneficiary Is Reserved, Craig E. Davids S.Ed.

Michigan Law Review

Defendant issued a life insurance policy to deceased, naming plaintiff, then insured's wife, as beneficiary. The policy reserved to the insured the right at any time to change the beneficiary without the knowledge or consent of the latter, and it further provided that no assignment should affect the rights of insurer until due notice was given to defendant. Sometime later, plaintiff divorced insured, who had indicated by personal conversation and correspondence with his sister the intervener, that he intended that the sister should receive the proceeds of the insurance. In one letter the insured referred to the policy and said, …

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Insurance Declared Interstate Commerce Jan 1945

Insurance Declared Interstate Commerce

Indiana Law Journal

Notes and Comments: Constitutional Law

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Proposición De Ley De Seguros Sociales Y Banco Nacional Del Trabajo, Presentada A La Cámara De Representantes Por El Miembro De La Misma, Pastor Del Rió Jan 1945

Proposición De Ley De Seguros Sociales Y Banco Nacional Del Trabajo, Presentada A La Cámara De Representantes Por El Miembro De La Misma, Pastor Del Rió

Mario Diaz Cruz Pamphlets

República de Cuba. Instituto Nacional de Previsión y Reformas Sociales.

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Insurance-Right Of Insured To Recover Under Disability Clause Of Life Insurance Policy For Self-Inflicted Injury, Robert M. Barton S. Ed. Dec 1944

Insurance-Right Of Insured To Recover Under Disability Clause Of Life Insurance Policy For Self-Inflicted Injury, Robert M. Barton S. Ed.

Michigan Law Review

A policy of life insurance was issued to one Rice providing for payment of certain disability benefits to the insured if he should "sustain a physical impairment such as . . . the permanent loss of the sight of both eyes." As a proximate result of an unsuccessful attempt to commit suicide the insured was blinded. The policy contained no express limitations or restrictions on such self-inflicted injuries but did provide that the insurance company should not be liable for benefits "if the death of the insured resulted from suicide." Rice was apparently sane at the time he attempted to …

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Evidence - Admissibility Of Age In Hospital Record As Business Entry, Craig E. Davids Oct 1944

Evidence - Admissibility Of Age In Hospital Record As Business Entry, Craig E. Davids

Michigan Law Review

Representing his birth date as 1866, deceased purchased from defendant insurance company in 1921 a policy on his life, which provided that in the event of any misrepresentation of age the insured's beneficiary would receive only that amount which a standard policy issued at his true age would stipulate for the premiums paid. In a suit by the beneficiary to recover on the policy, defendant attempted to prove that deceased was born at least as early as 1862. Among other evidence, defendant introduced a hospital record of deceased's visit to a particular institution in 1936 where he represented his age …

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The Assignment Of A Life Insurance Policy, Grover C. Grismore Apr 1944

The Assignment Of A Life Insurance Policy, Grover C. Grismore

Michigan Law Review

There is a great deal of uncertainty and confusion in the decided cases in regard to the effect to be given to the assignment of a life insurance policy. This is unfortunate, since to a large extent life insurance has come to be regarded as an investment medium, and as an asset which can be hypothecated by the insured in times of financial emergency.

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United States Of America V. South-Eastern Underwriters Association, Hugh Evander Willis Jan 1944

United States Of America V. South-Eastern Underwriters Association, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

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Insurance Payable To A Married Woman--Effect Of K.R.S. 297.140, Ira G. Stephenson Jan 1944

Insurance Payable To A Married Woman--Effect Of K.R.S. 297.140, Ira G. Stephenson

Kentucky Law Journal

No abstract provided.

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Rights Of Holder Of Possibility Of Revertor And Owner Of Determinable Fee To Insurance Proceeds From Policy Procured By The Latter - Board Of Education V. Winding Gulf Collieries Jan 1944

Rights Of Holder Of Possibility Of Revertor And Owner Of Determinable Fee To Insurance Proceeds From Policy Procured By The Latter - Board Of Education V. Winding Gulf Collieries

Maryland Law Review

No abstract provided.

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Is The Business Of Insurance Commerce? A Re-Examination In The Light Of Modern Times, Nathan R. Berke Dec 1943

Is The Business Of Insurance Commerce? A Re-Examination In The Light Of Modern Times, Nathan R. Berke

Michigan Law Review

A question of considerable import which has arisen time and again in recent years, particularly since the enactment of the various federal regulatory acts within the past decade, is whether the business of insurance is commerce. Although not a new question, and by no means unanswered by the courts, it has been a subject of recent reconsideration and in all probability will be reviewed by the United States Supreme Court.

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Life Insurance Dec 1943

Life Insurance

Michigan Law Review

The Soldiers' and Sailors' Civil Relief Act of 1940, as amended in 1942, contains provisions which are designed to enable the serviceman to avoid forfeiting life insurance because of the lack of financial resources.

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Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review Aug 1943

Constitutional Law - Due Process Limitations On Statutes Regulating Extrastate Contracts, Michigan Law Review

Michigan Law Review

Plaintiffs, reciprocal insurance associations which insure against fire and related risks, and whose attorneys-in-fact are located in Illinois, brought a declaratory judgment action in New York state courts for a determination of the applicability to them of the New York law requiring that such co-operative insurance associations obtain a license, or be prohibited from doing "any act which effects, aids or promotes the doing of an insurance business" in New York. As a condition of the license, submission to the New York regulations is required. The activities of the associations within the state of New York include investigation by engineers …

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Principal And Agent-Whether Principal Constructive Trustee Of Money Secured By Fraud From Third Person To Make Up Embezzled Funds, Dickson M. Saunders Jun 1943

Principal And Agent-Whether Principal Constructive Trustee Of Money Secured By Fraud From Third Person To Make Up Embezzled Funds, Dickson M. Saunders

Michigan Law Review

Taggart embezzled from his principal, defendant American National Insurance Company, $1,000 received from Miss Mortensen for a deferred life annuity. Subsequently, in a transaction with plaintiff, wholly outside the scope of his general receiving agency for the insurance company, Taggart secured $1,200 through fraud. From this Taggart then replaced the $1,000 due his principal. In suit by plaintiff to recover, Taggart defaulted; liability of the insurance company is based upon the theory that $1,000 has been traced into its hands, and because of Taggart's fraud, this sum became impressed with a constructive trust in favor of the plaintiff. Held, …

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Recovery Under Accidental Death Policy For Death From Anesthetic - John Hancock Mutual Life Ins. Co. V. Plummer Jan 1943

Recovery Under Accidental Death Policy For Death From Anesthetic - John Hancock Mutual Life Ins. Co. V. Plummer

Maryland Law Review

No abstract provided.

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Taxation - Federal Gift Tax - Integration With Income Tax, Katherine Kempfer Dec 1942

Taxation - Federal Gift Tax - Integration With Income Tax, Katherine Kempfer

Michigan Law Review

Beck in 1935 created an irrevocable funded insurance trust of $172,000 in securities together with seven policies of insurance on his life. The income from the securities was to be applied to pay the premiums on the policies and any surplus was to be distributed to his wife and daughter. At grantor's death the proceeds of the policies were to be added to the corpus of the trust and all income was to go to the same beneficiaries for life with remainders over. There was no possibility of reverter in the grantor and no right to alter, modify or revoke …

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Annuities - Right Of Legatee, For Whose Benefit The Purchase Of An Annuity Is Directed, To Receive The Principal In Lieu Thereof, Raymond R. Allen Oct 1942

Annuities - Right Of Legatee, For Whose Benefit The Purchase Of An Annuity Is Directed, To Receive The Principal In Lieu Thereof, Raymond R. Allen

Michigan Law Review

The rule has become well established in England that, where a testator bequeaths an annuity for life to his beneficiary and directs his executor or trustee to purchase the annuity with assets of the estate, the annuitant has an option to demand the purchase money in lieu of the annuity. The direction to purchase the annuity is clothed by the courts with a power to change the mere gift of an annuity into a gift in the alternative of the principal or the annuity. This direction indicates the will of the testator that a fund representing the principal of the …

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Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr. Oct 1942

Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr.

Michigan Law Review

Plaintiff's intestate, a resident of Georgia, owned items of jewelry which were located in Germany and which were subject to a death tax there, intestate having died in Germany. An appraisal was made by a German court commissioner in assessing the tax and a copy of the appraisal was forwarded to plaintiff executor, who, relying thereon, effected a policy of insurance with the defendant covering all the goods, the principal item being a pearl necklace appraised at $60,000. It was discovered on the safe arrival of the jewelry that the pearl necklace was worth but $60.00, being composed of cultured …

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Insurance - Insurable Interest - Tenant At Will, Robert D. Ulrich Aug 1942

Insurance - Insurable Interest - Tenant At Will, Robert D. Ulrich

Michigan Law Review

Plaintiff, an unincorporated religious association, brought this action to recover on a fire insurance policy. Evidence was introduced from which the jury could find that the plaintiff had occupied and used the premises as a church for sixteen years before the policy was issued, but during this period title stood in the name of an incorporated church society. After the date of the policy, but prior to the loss, title was conveyed to the plaintiff. Defendant insurer appeals from judgment for the plaintiff on the ground that plaintiff had no insurable interest on the date of the policy. Held, …

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Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review Jun 1942

Insurance - Right Of Insurer To Be Subrogated To Claim Of Insured Against A Third Person Where It Has Paid A Claim On Which It Was Not Liable, Michigan Law Review

Michigan Law Review

Plaintiff paid insured for damage done to his building because of the defendant's negligence, and received a subrogation receipt from the insured. Plaintiff now sues for damages in its own name and for its own benefit. The policy provided that it should be void if the insured did not have sole and unconditional ownership of the property. Title to the damaged property was in the name of the insured's wife, and therefore the policy was void. Held, since the insurer was not obligated under the policy, it was a mere volunteer, and could not be subrogated to the insured's …

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Taxation - Federal Estate Taxation Of Life Insurance Effect Of Treasury Decision 5032 Amending Articles 25 And 27 Of The Estate Tax Regulations, Lloyd M. Forster Jun 1942

Taxation - Federal Estate Taxation Of Life Insurance Effect Of Treasury Decision 5032 Amending Articles 25 And 27 Of The Estate Tax Regulations, Lloyd M. Forster

Michigan Law Review

Stated briefly, the effect of T. D. 5032 has thus been to revert to the original test of payment of premiums for determining when insurance has been "taken out" by the decedent, and to abandon ownership of the policy as a basis for including the proceeds in decedent's estate, thereby departing from the fundamental theory of estate taxation. Thus the regulations, in closing one door to tax avoidance, apparently open another. While this avenue of escape may be narrowed by judicial interpretation, a change in the regulations probably will be required to seal it completely.

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