Cook V. Equitable Life Assurance Society Of The United States — Basile Theatre At The Historic Athenaeum

Saturday, 6 July 2024

Two, its publication by the defendants. 310, 315, 118 N. 2d 865 (1954) (writing on envelope, when construed with deeds inside envelope, created express trust in lands conveyed); Cohen v. Newton Savings Bank, 320 Mass. 72, 81, 365 N. 2d 802 (1977); cf.

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The Equitable Life Assurance Company

After the divorce, Douglas stopped paying premiums on the policy, and his policy was automatically converted into a paid-up term policy ending in 1986. We need not determine here whether any conditional privilege actually existed in this case because we find that, even if a conditional privilege did exist, it was abused by appellants. The case proceeded to trial; the trial court granted non-suit on the wrongful termination charge in favor of appellants and the jury returned verdicts in favor of appellee on the charges of defamation and breach of contract and awarded damages of $500, 000 and $125, 000 respectively. In Boston Safe Deposit & Trust Co. Commissioner of Internal Revenue, 100 F. 2d 266 (1st Cir. Mayes & Longstreet, for appellant. 578, 204 N. 2d 374, 380, on rehearing 205 N. 2d 178, trans. Denis Frauenhofer, for appellant. 2d 324, 329 () (quoting Beckman v. Dunn, 276 527, 419 A. Den'd 542 Pa. Cook v. equitable life assurance society of the united states. 670, 668 A. Our conclusion derives support from our own precedent. We will not permit the tail to wag the dog in so witless a fashion. 2d 273, 274 (1949) (revoked will, though inutile for testamentary purposes, may be of "evidential value as a declaration of the decedent [regarding property not mentioned in later will], to be considered together with the other evidence in the case"). Margaret and Daniel recognize that matters relating to summary judgment are controlled by of Procedure, Trial Rule 56.

Cook V. Equitable Life Assurance Society For The Prevention Of Cruelty

Sandra's flagship contention is that legal revocation of the Will precluded its use in establishing the terms of the insurance trust. Though an infraction occurred, there is not sufficient evidence that it was "willful or knowing. " She adverts to the last sentence of the designations, which states in relevant part: "If there is no last Will and Testament... pay any unclaimed portion to my estate. " We have previously held that, In reviewing a trial judge's charge, the proper test is not whether certain portions taken out of context appear erroneous. 0 item(s) in cart/ total: $0. After the divorce Douglas ceased paying the premiums on his life insurance policy, and Equitable notified him on July 2, 1965, that because the premium due on March 9, 1965, had not been paid, his whole life policy was automatically converted to a paid-up term policy with an expiration date of June 12, 1986. Indiana, in fact, has specifically rejected this position. The equitable life assurance society of the united states phone number. Miketic v. 2d 324, 327 (). Douglas then married and had a son with Margaret later in 1965. Prepared By: - Richard J. Colosimo, '97. Contracts (aka will substitutes). Borgman v. Borgman, supra, 420 N. 2d at 1265.

The Equitable Life Assurance Society Of The United States Phone Number

We do not find it alarming that a jury may assess the losses associated with the breach of contract and damages to appellant's reputation to be worth $650, 000. The court in Holland v. 121, 126, 12 N. 116, pointed out that "[f]or many, and, indeed, for most purposes, mutual benefit associations are insurance companies, and the certificates issued by them are policies of life insurance, governed by the rules of law applicable to such policies. " The firm's financial statements reflected neither goodwill nor the pension plan. Although this Court has not yet considered whether a litigant's failure to immediately appeal an order dismissing a petition to compel arbitration constitutes waiver, our review of the relevant statutes and rules of procedure lead us to conclude it does not. Cook v. equitable life assurance society of the united. Such a taking will have an obvious effect upon the fair cash market value of this adjoining land, and appellants were entitled to show it. " And, even though a party against whom a motion for summary judgment is made need not present his entire case in a summary judgment proceeding, he must come forth with specific facts to show that there is a genuine issue as to the material facts. As we recently wrote in a different context: "Perhaps the law need not always align itself with common sense, but when that happy coincidence occurs, lawyers and judges should not reflexively recoil from it. " COURTSHIP OF A SORT. If the decedent knowing who was designated as beneficiary, desired to change, it was incumbent upon him to exercise his right to change the beneficiary as the master policy provided under Section 9 quoted above. ARTICLE IV: Said Trust shall endure and continue until the last of my four children shall have reached the age of eighteen (18) full years, at which point in time the Trust shall cease, and I instruct said Trustee to liquidate the Trust and distribute the Trust residue to the issue of my former marriage, as named herein, equally per stirpes. Sandra's entitlement to 30% of the accidental death policy was plain as a pikestaff.

Cook V. Equitable Life Assurance Society Of The United States

If so, the pleader shall attach a copy of the writing, or the material part thereof ․. Survey of the Law in Other JurisdictionsSome states have statutes dealing with partnership dissolution that have been construed as answering this question, at least in the absence of specific treatment of the issue in the parnership agreement. See *351 be the destruction of the enterprise. The record belies this assertion. The former is used for retail merchandising while the latter is used for public parking. Under this analysis, a partner's reputation leaves a firm with him. Rafael E. Morell, '98. That Douglas retained the right to change the beneficiary with written. This will was admitted to probate in Bartholomew Superior Court after Douglas's death on June 9, 1979. Appellants argue that the court erred by failing to instruct the jury that they must find appellants' publication malicious or negligent or that a conditional privilege had been abused and cite one paragraph of the charge for our consideration. 93A, and the Commonwealth's unfair insurance practices law, ch.

Cook V. Equitable Life Assurance Society For The Prevention

2d 699, 705 (), quoting Reilly v. SEPTA, 507 Pa. 204, 489 A. Did Mackey or Equitable abuse the conditional privilege that pertained to the Mackey letter; 5. Because of our previous finding that the evidence was sufficient to find negligence, we are compelled to find the evidence sufficient to support a finding that appellants abused any existing conditional privilege. Presented to us, then, is the question of the consequence of failing to appeal an order "within the time and to the same extent as an appeal from a final order of court in a civil action. " Reasoning: There are three exceptions to this rule, but Indiana has specifically rejected Margaret's argument that the rule should be for the exclusive protection of the insurer. They challenge the trial court's refusal to compel arbitration or to grant a judgment N. O. V. We affirm.

B. Sandra's second argument strikes us as bizarre. Accord: Isgrigg v. Schooley, (1890) 125 Ind. Was the admission by the trial judge of plaintiff's Exhibit 20 prejudicial error warranting a new trial; and. 562, 164 N. 2d 125; Elliott v. Metropolitan Life Insurance Co., (1946) 116 Ind.

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