Open Access. Powered by Scholars. Published by Universities.®

Insurance Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 3061 - 3090 of 3228

Full-Text Articles in Insurance Law

Insurance - Sunstroke As "Accidental Means" Jan 1935

Insurance - Sunstroke As "Accidental Means"

Michigan Law Review

Insured died as a result of sunstroke suffered while playing golf. Held, Justice Cardozo dissenting, that the beneficiary could not recover because sunstroke was not an "accidental means" within a policy insuring against "death from bodily injuries effected directly and independently of all other causes through external, violent, and accidental means." Landress v. Phoenix Mutual Life Ins. Co., 291 U. S. 491, 54 Sup. Ct. 461, 90 A. L. R. 1382 (1934).

Go to article

Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident Jan 1935

Automobiles-- Insurance - Effect Of Delay In Giving Notice Of Accident

Michigan Law Review

Plaintiff, a boy of six, was struck by an automobile driven by the insured's brother who, after investigation, found no apparent injury and was so informed by the boy's mother. A week later the driver reported the affair to the insured. Two weeks after the accident the insured was notified of the plaintiff's claim. A week later, three weeks after the accident, the insurer was notified. The policy of liability insurance provided that "upon the occurrence of death or personal injuries or any accident covered by this policy, the assured shall as soon as practicable after learning thereof, give written …

Go to article

Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy Jan 1935

Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy

Michigan Law Review

An infant sued by his next friend to disaffirm a contract of insurance on his own life, in which his mother and sister were named as beneficiaries, and to recover premiums paid. The insurance company claimed the right to deduct for the protection furnished insured during the continuance of the policy, but there was nothing in the record to show what this protection had cost the company. Held, the Chief Justice dissenting, the insured was entitled to recover the full amount paid. Mutual Life Ins. Co. of New York v. Schiavone, (App. D. C. 1934) 71 F. (2d) …

Go to article

Insurance - Application Of Dividends To The Purchase Of Extended Insurance Dec 1934

Insurance - Application Of Dividends To The Purchase Of Extended Insurance

Michigan Law Review

Plaintiff hospital claimed a lien upon the personal effects of a deceased patient left in their possession. An Iowa statute defines a hotel, for the purposes of its operator's lien, as including "inn, rooming house, and eating house, or any structure where rooms or board are furnished, whether to permanent or transient occupants." The term "guest" is defined to include "any legal occupant of any hotel as herein defined." Held, that "structure" as used in the statute refers to one used for the entertainment of ordinary individuals, as in the case of the structures enumerated; and that a hospital, …

Go to article

Contracts --Anticipatory Breach- Denial Of Liability As A Repudiation Nov 1934

Contracts --Anticipatory Breach- Denial Of Liability As A Repudiation

Michigan Law Review

A life insurance policy provided that the insured was to be paid a certain sum per month in case of permanent disability. A dispute arose between the company and the insured as to the proper construction of the contract. The company expressed willingness to perform the contract as it construed it, but this was a refusal to pay the monthly disability income. The insured brought an action to recover total damages for anticipatory breach, of the contract to pay the permanent disability benefits. Held, that the insurer had not made such an unequivocal refusal to perform the contract as …

Go to article

Fraudulent Conveyances--Assignment Of Life Insurance Policy In Fraud Of Creditors, John L. Detch Jun 1934

Fraudulent Conveyances--Assignment Of Life Insurance Policy In Fraud Of Creditors, John L. Detch

West Virginia Law Review

No abstract provided.

Go to article

Note Re Incapacity As An Excuse For Failure To Notify Insurer Regarding Total Disability Jun 1934

Note Re Incapacity As An Excuse For Failure To Notify Insurer Regarding Total Disability

West Virginia Law Review

No abstract provided.

Go to article

Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts Jun 1934

Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts

Michigan Law Review

C, a judgment creditor of W, instituted garnishment proceedings to recover the amount of the judgment out of moneys owed by the X insurance company to W as beneficiary of H's life insurance. Subsequently the Arkansas legislature passed a statute exempting all moneys paid or payable to any resident of the State as the insured or beneficiary designated under any life, sickness, or accident insurance policy, from liability or seizure under judicial process, and provided that such benefits should not be subjected to the payment of any debt. Held, by a unanimous decision of the United …

Go to article

Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution May 1934

Torts - Contribution Between Joint Tortfeasors - Right Of Insurer To Contribution

Michigan Law Review

One C negligently drove her car into an obstruction on the highway placed there by defendant. The accident occurred at night and the defendant had failed to place a light on the obstruction to indicate its presence to motorists. At the time of the accident M was a guest in C's car and suffered injuries as a result of the collision. Plaintiff, insurance carrier for C, settled with M for the injuries sustained and obtained a release covering the liability of all parties. Plaintiff as subrogee of C's rights brought the present action to recover contribution from …

Go to article

Insurance--Forfeiture Of Policy--Insanity Not An Excuse For Failure To Notify Insurer As To Total Disability, R. E. Hagberg Apr 1934

Insurance--Forfeiture Of Policy--Insanity Not An Excuse For Failure To Notify Insurer As To Total Disability, R. E. Hagberg

West Virginia Law Review

No abstract provided.

Go to article

Insurance - Conditions Precedent To Existence Of Contract Apr 1934

Insurance - Conditions Precedent To Existence Of Contract

Michigan Law Review

The application for a non-medical-examination insurance policy, and the policy itself, contained the provision that the policy should not take effect if the insured should die before the date thereof or if, on such date, the insured should not be in sound health. At the time of delivery of the policy the insured was actually suffering from high blood pressure or heart disease, although this condition was unknown to him. A statute provided that the statements made in the application as to the physical condition of the insured should be valid and binding upon the insurance company "unless wilfully false …

Go to article

Insurance--Escheat--Murder Of Insured By Beneficiary Who Is Sole Distributee, Trixy M. Peters Feb 1934

Insurance--Escheat--Murder Of Insured By Beneficiary Who Is Sole Distributee, Trixy M. Peters

West Virginia Law Review

No abstract provided.

Go to article

Insurance--Vacancy Clause--Effect Of Uninhabitability Due To Fire, Frederick W. Ford Feb 1934

Insurance--Vacancy Clause--Effect Of Uninhabitability Due To Fire, Frederick W. Ford

West Virginia Law Review

No abstract provided.

Go to article

Usury--Insurance--Requiring Borrower To Take Life Insurance Policy To Be Used As Collateral, R. E. Hagberg Feb 1934

Usury--Insurance--Requiring Borrower To Take Life Insurance Policy To Be Used As Collateral, R. E. Hagberg

West Virginia Law Review

No abstract provided.

Go to article

Insurance - Concept Of Indemnity As Limiting Recovery On Fire Insurance Policies Feb 1934

Insurance - Concept Of Indemnity As Limiting Recovery On Fire Insurance Policies

Michigan Law Review

In the case of Savarese v. Ohio Farmers' Insurance Co. the New York Court of Appeals recently held that a mortgagee, insured against fire loss under a standard mortgagee clause inserted in the policy of the owner, could recover on the policy despite the fact that the owner had gratuitously completely restored the premises after the fire. The court reasoned that to deny recovery would be to permit an act of the owner (mortgagor) to defeat the rights of the mortgagee, in contravention of the terms of the mortgagee clause; also that while a mortgagee has an insurable interest only …

Go to article

Insurance - Failure To Act Promptly On Application - Tort Liability Of Insurer Jan 1934

Insurance - Failure To Act Promptly On Application - Tort Liability Of Insurer

Michigan Law Review

Although mere delay in passing upon an application for insurance cannot, as a rule, be construed as an acceptance of the offer for a contract of insurance, in recent years some courts have held insurance companies liable in tort where there has been delay in acting upon the policy and the loss sought to be insured against has occurred in the meantime. Plaintiff, to sustain a cause of action in tort, must prove negligence on the part of the insurer, or its agents, and that the policy would have been issued to the applicant but for the negligence. The suit …

Go to article

Compulsory Automobile Insurance, Carl M. Gray Dec 1933

Compulsory Automobile Insurance, Carl M. Gray

Indiana Law Journal

No abstract provided.

Go to article

Taxation -Income From Irrevocable Funded Insurance Trusts - Constitutionality Of Statute Nov 1933

Taxation -Income From Irrevocable Funded Insurance Trusts - Constitutionality Of Statute

Michigan Law Review

The settlor created irrevocable trusts to pay premiums on policies of insurance issued on his life in favor of irrevocably-named beneficiaries. Held, that sec. 219 (h), Rev. Acts 1924, 1926, making income from trusts taxable to the settlor, is constitutional. Burnet v. Wells, (U. S. 1933) 53 Sup. Ct. 7.61.1

Go to article

Insurance - Death In Violation Of Law-Proximate Cause Apr 1933

Insurance - Death In Violation Of Law-Proximate Cause

Michigan Law Review

Decedent's life was insured by the defendant company, a clause in the by-laws of which, incorporated in the policy by reference, excepted liability where death occurred in consequence of a violation of law. Decedent and two companions had committed the crime of auto banditry, and police officers, with warrants for their arrest, surprised them in possession of the stolen car, killing the decedent who sat armed with a rifle in the rear seat as the car drove away. Held, the policy covered the death of the insured, including additional payment for accidental death. Ben Hur Life Association v. Cox …

Go to article

Insurance - Injuries Resulting From The Operation Of An Automobile Mar 1933

Insurance - Injuries Resulting From The Operation Of An Automobile

Michigan Law Review

The defendant insured the plaintiff against accidental injuries suffered exclusive of all other causes and only as the result of operating, driving, or riding in or on an automobile. The plaintiff was injured while sitting in the driver's seat of an automobile by a discharge from a gun which was being unloaded by a companion on a hunting trip, preliminary to placing it in the car. Held, the accident arose as a result of operating the automobile within the meaning of the insurance policy and the plaintiff is entitled to recover. Dorsey v. Fidelity Union Casualty Co., (Tex. …

Go to article

Insurance - Murder Of Insured By Beneficiary - Liability Of Insurer To Estate Of Deceased Where Both Beneficiary And Insured Are Covered By One Joint Policy Feb 1933

Insurance - Murder Of Insured By Beneficiary - Liability Of Insurer To Estate Of Deceased Where Both Beneficiary And Insured Are Covered By One Joint Policy

Michigan Law Review

The deceased and her husband took out with the defendant company a joint policy payable to the survivor of diem. After the murder of the deceased by her husband, her administratrix brought an action to recover the proceeds of the insurance. The court held that since the parties had contracted for the survivor to take all, there could be no recovery in favor of the deceased's estate. Merrity v. Prudential Insurance Company, (N. J. 1932) 161 Atl. 681.

Go to article

Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy Jan 1933

Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy

Michigan Law Review

An endowment policy was made payable to insured if he should live to the policy anniversary date next preceding his sixtieth birthday, otherwise to his executors or administrators. Four years after the policy was taken out, insured was sentenced to life imprisonment for killing his wife. A statute provided that the estate of a person incarcerated for life "shall be administered upon and distributed, and his contracts and relations to persons and things are affected, in all respects, as if he were dead." In an action on the policy by the administrator of insured, held, that imprisonment of insured …

Go to article

Insurance -Murder Of Insured By Beneficiary Jan 1933

Insurance -Murder Of Insured By Beneficiary

Michigan Law Review

The plaintiff was the beneficiary of an insurance policy carried by her husband. After her conviction for his murder she brought an action against the insurance company to collect the proceeds. The lower court pronounced the defendant liable, gave judgment for the intervening administrator of the deceased's estate, and, in spite of a statute expressly directing insurance moneys in the hands of administrators to inure to the use of surviving widows, ordered that the plaintiff take nothing. On appeal by the insurance company it was held, in an excellent opinion reviewing all the authorities that there was no error. …

Go to article

Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy Jan 1933

Insurance - Civil Death Of Insured As Effecting Acceleration Of Endowment Policy

Michigan Law Review

An endowment policy was made payable to insured if he should live to the policy anniversary date next preceding his sixtieth birthday, otherwise to his executors or administrators. Four years after the policy was taken out, insured was sentenced to life imprisonment for killing his wife. A statute provided that the estate of a person incarcerated for life "shall be administered upon and distributed, and his contracts and relations to persons and things are affected, in all respects, as if he were dead." In an action on the policy by the administrator of insured, held, that imprisonment of insured …

Go to article

Insurance - Fire Insurance - Jewelry Thrown Into Furnace Dec 1932

Insurance - Fire Insurance - Jewelry Thrown Into Furnace

Michigan Law Review

Plaintiff had a fire insurance policy covering household goods, including jewelry. Plaintiff's servant, not realizing that an envelope contained two rings, threw the envelope into a waste basket, the contents of which were later thrown into the furnace. In a suit upon the policy a judgment was directed against the defendant. On appeal, it was held, two justices dissenting, that the loss was not covered by the policy because the fire was "friendly" rather than "hostile." Harter v. Phoenix Ins. Co., 257 Mich. 163, 241 N. W. 196 (1932).

Go to article

Insurance--Prohibited Articles Warranty--Forfeiture Of Policy, August W. Petroplus Jun 1932

Insurance--Prohibited Articles Warranty--Forfeiture Of Policy, August W. Petroplus

West Virginia Law Review

No abstract provided.

Go to article

Taxation--Unearned Fire Insurance Premiums As Deductible Indebtedness, Kingsley R. Smith Apr 1932

Taxation--Unearned Fire Insurance Premiums As Deductible Indebtedness, Kingsley R. Smith

West Virginia Law Review

No abstract provided.

Go to article

Evidence--Seven Years Absence--Presumption Of Time Of Death, Elizabeth H. Simonton Apr 1932

Evidence--Seven Years Absence--Presumption Of Time Of Death, Elizabeth H. Simonton

West Virginia Law Review

No abstract provided.

Go to article

Insurance - Subrogation Of Insurer To Insured's Claim Against A Quasi-Surety Mar 1932

Insurance - Subrogation Of Insurer To Insured's Claim Against A Quasi-Surety

Michigan Law Review

A, a loan broker, by forging the name of the plaintiff's attorney to a certificate of title, secured title insurance from the plaintiff guaranteeing the X loan association against loss by reason of defect in the mortgagor's title. The mortgagor was a non-existent person whose name A had forged to the note and mortgage. X drew a check on the defendant bank payable to the mortgagor, turning it over to A for delivery. A forged the mortgagor's name and collected from the defendant bank. Upon paying the X loan association on the insurance policy, the plaintiff sought to be subrogated …

Go to article

Insurance - Accidental Means - Unlawful Conduct- Public Policy Mar 1932

Insurance - Accidental Means - Unlawful Conduct- Public Policy

Michigan Law Review

Insured was shot by police officers while attempting to escape in a car which he and his companions had just stolen. The officers had no specific intent to kill, but did intend to make the arrest and were shooting to frighten the felons into stopping. The policy contained no specially exempted risks, but did provide for additional indemnity if the insured died of injuries sustained solely through "external, violent, and accidental means." The face value of the policy was not contested, but the insurer contested the right to the additional sum. Held, the death was not caused by accidental …

Go to article

First Prev Next Last