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Articles 3091 - 3120 of 3228
Full-Text Articles in Insurance Law
Insurance - "Liability" Of "Indemnity" Contract - "No Action" Clause
Insurance - "Liability" Of "Indemnity" Contract - "No Action" Clause
Michigan Law Review
Plaintiff sued his insurer upon a policy which provided that the defendant would indemnify the insured against loss from liability for damages and would defend any suit brought against the assured to recover such damages. The policy contained a "no action" clause which denied a right of action unless a final judgment had been rendered and the assured had actually sustained a loss by payment of such judgment. Such a suit, brought against the plaintiff, had been unsuccessfully defended by the insurer. It was held that plaintiff could recover on the policy upon the rendition of the judgment and without …
Insurance--Right Of Beneficiary Who Has Caused Death Of Insured To Share In Proceeds Of Insurance Policy, James C. Lyne
Insurance--Right Of Beneficiary Who Has Caused Death Of Insured To Share In Proceeds Of Insurance Policy, James C. Lyne
Kentucky Law Journal
No abstract provided.
Insurance - Accidental Means - Death By Carbon Monoxide Poisoning
Insurance - Accidental Means - Death By Carbon Monoxide Poisoning
Michigan Law Review
The insured died from the effects of carbon monoxide gas generated by an automobile in a closed garage. The policy which he held in the defendant company provided for compensation only if the means of death were accidental, and the insurer-resisted the claim of his beneficiary for the reason that, even if the death was accidental, it was not a death by accidental means. Held, that if the result is unexpected, death resulting from an intententional act is a death by accidental means. Wiger v. Mutual Life Ins. Co. of New York (Wis. 1931) 236 N.W. 535.
Insurance - Estoppel - Parol Evidence Rule
Insurance - Estoppel - Parol Evidence Rule
Michigan Law Review
The plaintiff sued on a fire policy. The insurer defended on the ground that plaintiff had violated a condition of the policy which provided that there would be no liability if loss occurred while the property was encumbered by a chattel mortgage, unless the company's written consent thereto was endorsed on the policy. Plaintiff sought to estop the defendant as to this defense because of insurer's agent's assurances, given before and after the issuance of the policy, that the policy would permit him to encumber the goods. Held, defendant's demurrer to plaintiff's replication should be sustained because of plaintiff's …
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Insurance-Right Of Lessor To Retain Proceeds When Lessee Under Duty To Repair
Michigan Law Review
Plaintiff, lessee, covenanted to keep the leased premises in repair. His lease contained an option to purchase. During his term the building burned, and the lessor recovered on his policy. The plaintiff then elected to exercise his option, and, upon vendor's refusal to apply the insurance proceeds on the purchase price, brought this action against the lessor and the insurer. Plaintiff's argument, that, had he repaired, the loss would actually have fallen on him, and that his purchase had the same ultimate effect, did not appeal to the court, and it was held that defendant-lessor-vendor might retain the insurance money. …
Insurance--Effect Of Clause In Auto Liability Policy Excepting Risks Of Operation By Infants, Robert T. Stealey
Insurance--Effect Of Clause In Auto Liability Policy Excepting Risks Of Operation By Infants, Robert T. Stealey
West Virginia Law Review
No abstract provided.
Recognition Cases In American Courts, 1923-1930, John S. Tennant
Recognition Cases In American Courts, 1923-1930, John S. Tennant
Michigan Law Review
Although the Soviets have maintained complete, uninterrupted, and practically undisputed control over most of the territory of the former Russian Empire for more than ten years, the United States still refuses to recognize the Soviet government as the international representative of Russia. The first general consideration of the legal situation engendered by the policy of our government was contained in an article by Professor Edwin D. Dickinson, "The Unrecognized Government or State in English and American Law,'' which appeared in the Michigan Law Review in 1923. In view of the importance of this matter, and the number of cases involving …
Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents
Constitutional Law-Due Process-Regulation Of Commissions Of Insurance Agents
Michigan Law Review
Plaintiff, a licensed insurance broker in New Jersey, sued for commissions due for services performed as the local agent of two licensed foreign fire insurance companies. The claim was for twenty-five per cent of the premiums. The defense relied on a New Jersey statute which made unlawful the payment of commissions in excess of a reasonable amount or at a rate higher than that paid to any one of the insurer's local agents. The defendant set up that it had local agents receiving commissions of but twenty per cent. Plaintiff attacked the constitutionality of the statute. Held, four justices …
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Quasi-Contracts-Recovery Of Insurance Paid Under Mistake Of Fact
Michigan Law Review
The plaintiff insured articles of Jewelry for the defendant against loss. Defendant was unable to find a necklace covered by the policy in question and after an unsuccessful search the parties entered into an agreement whereby the defendant consented to accept other jewelry, equal in value to the necklace, as compensation for the loss. Later the necklace was found, and the plaintiff seeks rescission of the agreement and specific restitution of the articles delivered pursuant thereto. Held, payment made in settlement of an insurance claim may not be rescinded on the basis of mistake of fact as to the …
Insurance-Automobile Club Membership-Contract To Furnish Legal Services
Insurance-Automobile Club Membership-Contract To Furnish Legal Services
Michigan Law Review
Complainant automobile club agreed to furnish its members with the services of an attorney, but not to pay judgments rendered, in any action brought by or against any member as a result of the ownership, or operation, of his automobile. Held, a contract of insurance. Allin v. Motorists' Alliance (Ky. 1930) 29 S.W. (2d) 19.
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Michigan Law Review
If an applicant for life insurance, in answering the many questions put to him by the company's medical representative, tells the truth, but the examiner, in recording the answers, distorts them without the knowledge of the insured, may the beneficiary or the personal representative of the insured show this distortion by parol, and collect on the policy in spite of the presence of false written answers in the application? The New York court of appeals, in the very recent case, Minsker v. John Hancock Mutual Life Insurance Co., 254 N. Y. 333, 173 N.E. 4, answers this question in …
Automobile Insurance
Michigan Law Review
A Review of AUTOMOBILE INSURANCE By Charles A. Sunderlin.
Witnesses-Refreshing Memory-Past Recollection
Witnesses-Refreshing Memory-Past Recollection
Michigan Law Review
Action on a claimed oral renewal of a burglary insurance policy. Nearly six months after the alleged renewal W made an affidavit stating that she heard defendant's agent tell plaintiff that plaintiff's policy had been renewed. This affidavit was drawn up by plaintiff's attorney. On the trial eight years later W was unable to recall any such conversation and the affidavit did not refresh her memory. The court over objection admitted the affidavit itself in evidence. Held, since the affidavit was not made at or near the time of the event recorded, and was drawn up by one of …
The Money Value Of A Man
Michigan Law Review
A Review of THE MONEY VALUE OF A MAN By Louis I. Dublin and Alfred J. Lotka.
Automobile Accident Insurance--Judicial Definition Of Term "Accident", Harriet L. French
Automobile Accident Insurance--Judicial Definition Of Term "Accident", Harriet L. French
West Virginia Law Review
No abstract provided.
Insurance-Recent Constructions Of Conditions In Policies
Insurance-Recent Constructions Of Conditions In Policies
Indiana Law Journal
No abstract provided.
Warehousemen-Duty To Use Ordinary Care-Recovery For Negligence
Warehousemen-Duty To Use Ordinary Care-Recovery For Negligence
Indiana Law Journal
No abstract provided.
Automobile Insurance, Harold C. Havighurst
Automobile Insurance, Harold C. Havighurst
West Virginia Law Review
No abstract provided.
Insurance-Rule Of Construction-Classification Of Risks
Insurance-Rule Of Construction-Classification Of Risks
Indiana Law Journal
No abstract provided.
Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett
Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett
Washington Law Review
The vast and increasing amount of money invested in policies of life insurance in the states having a community property system makes the status of the proceeds of such policies under that system of very general interest, and renders it highly desirable and important that the laws as to such contracts should be worked out with dispatch, definiteness and certainty The fact that there are in the community property states different theories as to the character and extent of the wife's interest and different statutes affecting the determination of the rights of the spouses has led to somewhat varying results. …
Motion To Make More Specific-Res Gestae-Continuance-Proof Of Insurance
Motion To Make More Specific-Res Gestae-Continuance-Proof Of Insurance
Indiana Law Journal
No abstract provided.
Fire Insurance-Is "Double" Payment Necessarily Overpayment?
Fire Insurance-Is "Double" Payment Necessarily Overpayment?
Michigan Law Review
A recent Wisconsin case, Ramsdell v. Insurance Co., presents a novel and interesting situation. The lessor and lessee of business property each insured the property in separate companies, the lessor for $3,000 and the lessee for $7,500. The lease contained no provisions as to insurance, repairing, or rebuilding and there was no contract between any of the parties which could affect the situation that arose. A loss of $4,246 occurred in June. After lengthy negotiations had proved fruitless, the lessee rebuilt the premises and sued his insurer. At the same time the lessor sued on his policy. The lessee …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Application Of The Doctrine Of Swift V. Tyson Since 1900, H. Parker Sharp, Joseph B. Brennan
The Application Of The Doctrine Of Swift V. Tyson Since 1900, H. Parker Sharp, Joseph B. Brennan
Indiana Law Journal
No abstract provided.
Survival Of Action--Liability Insurance--Direct Right Against The Insurer, James E. Hogue Jr.
Survival Of Action--Liability Insurance--Direct Right Against The Insurer, James E. Hogue Jr.
West Virginia Law Review
No abstract provided.
Fidelity Bonds-Does It Pay To Renew Them?
Fidelity Bonds-Does It Pay To Renew Them?
Michigan Law Review
The question is raised by a recent Michigan case, in which the facts are apparently illustrative of a normal practice in modern business. The employer purchases a fidelity bond to indemnify him against loss arising from the financial misconduct of one of his employees. The premium pays for protection, for the year 1928, to the amount of $5,000. A year later payment of a premium of the same amount results in his receiving a "renewal" or "continuation certificate." 'What is the legal, and what the practical, effect of the renewal?
Insurance--Construction Of Policy, Kendall H. Keeney
Insurance--Construction Of Policy, Kendall H. Keeney
West Virginia Law Review
No abstract provided.
Briefs On Insurance, 2d., By Roger W. Cooley, Paul L. Sayre
Briefs On Insurance, 2d., By Roger W. Cooley, Paul L. Sayre
Indiana Law Journal
No abstract provided.
The Insurance Commissioner In The United States, By Edwin Wilhite Patterson (1927), Vernon A. Mund
The Insurance Commissioner In The United States, By Edwin Wilhite Patterson (1927), Vernon A. Mund
Washington Law Review
No abstract provided.