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Articles 2971 - 3000 of 3228

Full-Text Articles in Insurance Law

Taxation - Federal Income Tax - Exemption Of Life Insurance Proceeds When Paid In The Form Of Annuity, Spencer E. Irons Jan 1941

Taxation - Federal Income Tax - Exemption Of Life Insurance Proceeds When Paid In The Form Of Annuity, Spencer E. Irons

Michigan Law Review

A taxpayer was the beneficiary of life insurance policies which required the insurance company to make fifty annual payments of $2,000 each. At the death of the insured in 1917, the commuted value of this obligation was $53,000. Prior to 1934, the taxpayer had received seventeen payments, aggregating $45,473.40, no part of which had been reported as income. For the year 1934, the taxpayer received $2,581.40, of which $2,000 was the annual payment, and $581.40 was an "excess interest" dividend. He again failed to include any of the amount in his gross income. The commissioner determined that under the Revenue …

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Fundamentos Y Orientación Del Proyecto De Ley De Seguros Privados En Cuba, Wifredo Albanés Peña Jan 1941

Fundamentos Y Orientación Del Proyecto De Ley De Seguros Privados En Cuba, Wifredo Albanés Peña

Mario Diaz Cruz Pamphlets

Conferencia dictada en La Habana el día 6 de Febrero de 1941.

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Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr. Jan 1941

Insurance - Delay In Acting On Application - Tort Liability, William C. Wetherbee Jr.

Michigan Law Review

Appellant, administrator of the deceased's estate, sued the defendant for damages caused by its negligent failure to accept or reject deceased's application for life insurance within a reasonable time. A deposit had been made on the premium, and, but for the delay, the policy would have been approved and the deceased covered by it at the time of his death. The jury returned a verdict for the appellant, who appealed when the judge rendered judgment non obstante veredicto in favor of appellee. Held, that the insurance company was under no duty to accept or reject the application within a …

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Insurance - Insurable Interest In Life - Right Of Insured To Designate Beneficiary Without Insurable Interest, William D. Sutton Nov 1940

Insurance - Insurable Interest In Life - Right Of Insured To Designate Beneficiary Without Insurable Interest, William D. Sutton

Michigan Law Review

The Metropolitan Life Insurance Company issued a group insurance policy in the sum of $500 upon the life of appellant's husband. The husband paid all the premiums and designated a niece, appellee, the beneficiary therein. Several years prior to the issuance of the policy appellant had ceased to live with the insured, although a divorce had never been obtained. Appellant contested the recovery of the proceeds by appellee on the ground that said niece had no insurable interest in the life of insured. Held, judgment of the trial court awarding proceeds to appellee affirmed, on the ground that appellee …

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Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee Nov 1940

Insurance - Right Of Insurer Against An Insured Who Has Released The Tortfeasor After Receiving Payment From The Insurer, James A. Lee

Michigan Law Review

Plaintiff insured the defendant against loss on his car due to collision, paid its liability when the defendant's car was damaged by a third party, and took an assignment of plaintiff's claim against the third party to that extent. Defendant then released the third party from liability and plaintiff brought this action to recover the amount paid to the defendant. Held, plaintiff could recover from defendant only for the loss it had sustained by the release, and since plaintiff had failed to prove it could have recovered anything from defendant, it had shown no cause of action. Century Ins. …

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Insurance -What Constitutes "Marks Of Force And Violence" Within The Meaning Of A Policy Of Safe Burglary Insurance?, W. Wallace Kent Jun 1940

Insurance -What Constitutes "Marks Of Force And Violence" Within The Meaning Of A Policy Of Safe Burglary Insurance?, W. Wallace Kent

Michigan Law Review

P sued to recover on a policy of safe burglary insurance which required that the entry into the safe must have been "made by force and violence of which there shall be visible marks made by tools . . . or other chemicals." P's employee was forced to open the safe, after having been struck on the head with a gun, and in so doing the employee left blood stains on the safe. P contended that the policy was ambiguous in its terms and that the blood on the safe, having chemical qualities, demonstrated the use of chemicals to …

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Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon Jun 1940

Insurance - Exclusionary Clauses - Death Due To Violation Of The Law By The Insured, Robert A. Solomon

Michigan Law Review

When a person carrying a life or accident insurance policy dies as the result of an act committed by him in violation of the law, the beneficiaries may or may not be precluded from recovering upon it. In the absence of a special exclusionary clause, the general view is that the beneficiary may recover. However, if it appears that at the time the insured took out the policy he intended to commit a crime recovery is barred, at least if the death occurred within the contestability period. In order to delimit from the general coverage provisions the risks that would …

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Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers May 1940

Contracts - Third Party Beneficiary - Power Of Promisee To Discharge Promisor - Necessity For Consideration, Roy L. Rogers

Michigan Law Review

Stanfield recovered judgment against W. C. McBride, Inc. for personal injuries suffered in an automobile accident which was occasioned by the negligence of Strunk, employee of the McBride company, who at the time of the accident was driving (with the owner's consent) an automobile owned by the Miller-Morgan Auto Company. The McBride company in turn recovered a judgment against its employee, Strunk, and now as garnishor seeks to reach an insurance policy issued to the Miller-Morgan company which at the time of its issuance contained an omnibus clause insuring all persons driving the insured car with the consent of the …

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Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer May 1940

Insurance - Disability Benefits - Insured's Duty To Remove Disability, Roy L. Steinheimer

Michigan Law Review

Plaintiff insured had suffered from diabetes since 1932. Defendant insurance company paid disability benefits till 1937 and thereafter refused to make further payments on the ground that plaintiff had refused to avail himself of the insulin and dietary treatment advised by his physician. Such treatment is neither dangerous, painful, nor detrimental to the patient. From an order sustaining plaintiff's demurrer to defendant's answer, defendant appealed. Held, plaintiff's demurrer sustained. The policies as written define the rights and duties of the contracting parties and should be construed as written. The court will not read into policies by operation of law …

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Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams Apr 1940

Evidence Of Survivorship In Common Disaster Cases, John E. Tracy, John J. Adams

Michigan Law Review

Almost daily, newspapers recount the details of another automobile accident or airplane crash in which numerous persons are killed--a common disaster. And determination of survivorship in common disaster cases presents some of the most vexing problems that lawyers and judges meet. Lawyers must search for evidence, frequently hard to obtain, and then must face difficult questions of relevancy, materiality, and probative value, since in almost all cases where any evidence is available it is wholly circumstantial. Judges must decide preliminary disputes over who shall bear the burden of proof, and then must rule on the sufficiency of evidence, which is …

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Insurance - Gift Of Life Insurance Policy, Robert A. Solomon Apr 1940

Insurance - Gift Of Life Insurance Policy, Robert A. Solomon

Michigan Law Review

The employer insured his employees under a group insurance plan. Each employee was given a certificate evidencing his personal insurance. The master policy contained a provision that no assignment should be binding until the original or duplicate of the certificate was filed at the insurer's home office. It was established by the evidence that there had been a manual delivery of one of the certificates by an employee. The insurance company paid the amount 0£ that particular certificate into court. Held, in an action by the plaintiff, the alleged donee, against the estate of the insured, the named beneficiary, …

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Taxation -- Insurance And Annuity Contracts Under The Federal Estate Tax -- Differentiation And Theories Of Taxation, Charles F. Dugan Feb 1940

Taxation -- Insurance And Annuity Contracts Under The Federal Estate Tax -- Differentiation And Theories Of Taxation, Charles F. Dugan

Michigan Law Review

In the taxpayer's quest for methods of avoidance of the federal estate tax, one field seems to have been generally overlooked; viz., annuity contracts that are so similar to insurance policies as to be treated like the latter for tax purposes, thus securing the benefit of the $40,000 exemption in section 302 (g). Various reasons might be suggested why this should be so, but the fact remains that there has been practically no discussion of the subject in legal publications and, until the recent case of Old Colony Trust Co. v. Commissioner of Internal Revenue, no litigation involving the …

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Insurance - Legal Execution Of Insured As A Defense, G. Randall Price Feb 1940

Insurance - Legal Execution Of Insured As A Defense, G. Randall Price

Michigan Law Review

Insured was convicted of murder and legally executed by the state. Plaintiff is the beneficiary of his life insurance policy. Held, no recovery on the ground that the risk of legal execution was impliedly excepted in the policy as a matter of law. Southern Life & Health Ins. Co. v. Whitfield, (Ala. 1939) 190 So. 276.

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Insurance - Construction Of Exception Clause "Participating In Aviation", Michigan Law Review Jan 1940

Insurance - Construction Of Exception Clause "Participating In Aviation", Michigan Law Review

Michigan Law Review

The insured was killed while riding as a fare-paying passenger on a commercial transport airplane. Plaintiff, decedent's wife, brought suit on his accident insurance policy and recovered. Held, on appeal, that the insured was not "participating in aviation or aeronautics" within the terms of an accident policy excluding indemnity for death resulting from "participation in aviation or aeronautics." Massachusetts Protective Assn. v. Bayersdorfer, (C. C. A. 6th, 1939) 105 F. (2d) 595.

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Duress By Third Party--Economic Compulsion Applied By Beneficiary Of Duress--Avoidance Of Release Therefor, W. E. N. Dec 1939

Duress By Third Party--Economic Compulsion Applied By Beneficiary Of Duress--Avoidance Of Release Therefor, W. E. N.

West Virginia Law Review

No abstract provided.

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Insurance--Incontestability Clause--Exceptions As To Double Indemnity And Disability Benefits--, J. L. G. Jr. Dec 1939

Insurance--Incontestability Clause--Exceptions As To Double Indemnity And Disability Benefits--, J. L. G. Jr.

West Virginia Law Review

No abstract provided.

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Taxation - Federal Estate Tax - Life Insurance Payable To Specific Beneficiary, Roy L. Steinheimer Dec 1939

Taxation - Federal Estate Tax - Life Insurance Payable To Specific Beneficiary, Roy L. Steinheimer

Michigan Law Review

Six life insurance policies were taken out by decedent upon his own life between March 19, 1925 and January 2, 1929. On July 20, 1932 the decedent, by an instrument in writing, made an assignment of the policies to his wife and named her the beneficiary under the policies. From the date of the assignment until the date of his death, the decedent did not possess any incidents of ownership of the policies though he continued to pay the premiums. The wife of the decedent sued to recover the amount of the tax, assessed and paid on the net proceeds …

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The Duty To Read An Insurance Policy In Washington, Willard J. Wright Nov 1939

The Duty To Read An Insurance Policy In Washington, Willard J. Wright

Washington Law Review

Washington follows this general contract rule but the court appears willing to mollify its hardship in some instances by liberally construing the term "fraud". Thus in Stone v. Moody the plaintiffs signed a contract without reading it and the court allowed them a recission on the ground that the contract contained such an "unconscionable" clause that it was plain the plaintiffs would never have agreed to it if they had known of it. Unless it can be said that the defendant—who read the contract to the plaintiffs and omitted to read the clause in question—induced the plaintiffs not to read …

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The Presumption Of Death From Absence As Affecting The Statute Of Limitations And The Nonpayment Of Premiums In Life Insurance Cases, Kenneth Cox Nov 1939

The Presumption Of Death From Absence As Affecting The Statute Of Limitations And The Nonpayment Of Premiums In Life Insurance Cases, Kenneth Cox

Washington Law Review

The doctrine that seven years' unexplained absence from home will raise a presumption that the missing person is dead has proved a troublesome one to apply in the insurance cases in which, modernly, it is chiefly called into play. As long as it is merely employed to establish the death of a missing spouse, in order to allow remarriage by the survivor, or in order to permit the distribution of the missing person's estate, or in many of the other situations where it is relied upon to establish the fact of death, the courts have little difficulty with the presumption. …

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Insurance - Waiver And Estoppel As Applied To Excepted Risks, Michigan Law Review Nov 1939

Insurance - Waiver And Estoppel As Applied To Excepted Risks, Michigan Law Review

Michigan Law Review

The appellee insurance company issued a policy of automobile liability insurance covering a motor truck owned by appellant, which policy stated that the occupation of assured is "handling farm machinery, crane fixtures and paints," and that the use made of the truck should be commercial ("commercial" being defined as "the transportation or delivery of goods, merchandise or other materials, and uses incidental thereto, in direct connection with the named assured's business occupation . . . including the loading and unloading thereof"). Appellant began to transport tanks of butone gas, which fact was known by appellee's agency on the date the …

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Garnishment - Full Faith And Credit - Nature Of Principal Judgment, John N. Seaman Jun 1939

Garnishment - Full Faith And Credit - Nature Of Principal Judgment, John N. Seaman

Michigan Law Review

Plaintiff, appellee, sued an Illinois insurance company for legal services, and on the same day sued out a writ of garnishment against a Michigan debtor of the insurance company. Two days later the insurance company was dissolved in Illinois under the provisions of the Illinois Insurance Code, and an Illinois liquidator was vested with title to all of the insurance company's property, wherever located. The liquidator intervened in this case, claiming prior title to the garnishment debt, by virtue of the Illinois statute and judicial proceedings. Held, the commencement of the garnishment suit gave plaintiff a lien on the …

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Bankruptcy-Corporate Reorganization - Fraternal Benefit Society Entitled To Benefits Of Section 77b, Russel T. Walker May 1939

Bankruptcy-Corporate Reorganization - Fraternal Benefit Society Entitled To Benefits Of Section 77b, Russel T. Walker

Michigan Law Review

Plaintiff's right to petition for reorganization under section 77 B of the Bankruptcy Act was challenged on the ground that plaintiff was an "insurance corporation" within the meaning of section 4 of the Bankruptcy Act and therefore excepted from the benefits of the act. Held, that when Congress used the words "insurance corporation" in the Bankruptcy Act, it meant a corporation authorized by the law of its creation to do an insurance business. As Congress knew that the various States had authorized the formation of fraternal benefit societies, described as such in enabling statutes, when Congress passed this statute …

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Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman May 1939

Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman

Michigan Law Review

Plaintiff brought suit on an accident insurance policy. He alleged that the defendant insurer wholly repudiated the policy and informed plaintiff that it would not in any event pay him the monthly indemnity according to the terms of the policy even though a doctor of its own choice advised that the plaintiff was permanently disabled. Held, that under the Texas law, when one who is obligated by contract to make money payments to another absolutely repudiates and abandons the obligation without just excuse, the obligee is entitled to maintain his action in damages at once for the entire breach. …

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Accident Insurance--Death By Accidental Means, J. P. R. Apr 1939

Accident Insurance--Death By Accidental Means, J. P. R.

West Virginia Law Review

No abstract provided.

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Evidence - Hearsay Rule - Use Of "Res Gestae", Henry L. Pitts Apr 1939

Evidence - Hearsay Rule - Use Of "Res Gestae", Henry L. Pitts

Michigan Law Review

In an action on a life policy which acknowledged receipt of the first premium, the insurer-defendant claimed that no premium payment was made and that delivery was only to allow inspection and comparison with a specimen copy of the policy already in the hands of insured's wife. The district court admitted testimony by the insured's wife, the beneficiary and plaintiff in the action, to the effect that when the insured turned the policy over to her he said it was hers and paid for. The Circuit Court of Appeals for the Fifth Circuit sustained the ruling and, on motion for …

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Insurance -- Effect Of The Passenger-For-Hire Clauses On Scope Of Protection Under Automobile Insurance Policies, Benjamin G. Cox Apr 1939

Insurance -- Effect Of The Passenger-For-Hire Clauses On Scope Of Protection Under Automobile Insurance Policies, Benjamin G. Cox

Michigan Law Review

Quite common in automobile policies insuring against risks of fire, theft, collision, personal liability, etc., from the use of the automobile is a provision either effecting a termination of the policy or excluding the particular loss from the coverage of the policy if or when the automobile is used to carry passengers for hire or consideration. The full purport of this type passenger clause is unfortunately too often not realized by the insured person until he is met with a loss, unforeseen and against which he believed himself to be protected. This comment, then, will attempt an analysis of the …

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Corporations - Physicians And Surgeons - Insurance - Sale Of Professional Services By A Corporation, Charles H. Haines Jr. Apr 1939

Corporations - Physicians And Surgeons - Insurance - Sale Of Professional Services By A Corporation, Charles H. Haines Jr.

Michigan Law Review

The Group Health Association, a corporation for the mutual benefit of its members, employed licensed physicians to give medical care to its members. For a lump sum consideration of $40,000 the association agreed to extend similar medical and hospital services to such employees of the Home Owners' Loan Corporation office as paid the monthly fee. In fear of quo warranto proceedings by the district attorney for illegal practice of medicine and by the superintendent of insurance for selling insurance, the association sought a declaration of its right to provide medical services in this manner. Held, a non-profit corporation through …

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Interpretation Of Intentional Injury Clauses In Insurance Policies, A. F. G. Feb 1939

Interpretation Of Intentional Injury Clauses In Insurance Policies, A. F. G.

West Virginia Law Review

No abstract provided.

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The Presumption Against Suicide In Insurance Cases, H. G. W. Feb 1939

The Presumption Against Suicide In Insurance Cases, H. G. W.

West Virginia Law Review

No abstract provided.

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Insurance--Accident Policy--Total Disability As Excuse For Failure To File Notice And Proofs Of Loss, W. G. W. Feb 1939

Insurance--Accident Policy--Total Disability As Excuse For Failure To File Notice And Proofs Of Loss, W. G. W.

West Virginia Law Review

No abstract provided.

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