DAMAGES - INSURANCE CONTRACT - RECOVERY OF PRESENT WORTH OF UNMATURED INSTALLMENTS

Authors

Milton Rabinowitz, University of Michigan Law SchoolFollow
Jacob I. Veissman, University of Michigan Law School

Abstract

After paying the twenty-three monthly benefits according to the provisions in the plaintiff's policy relating to total and permanent disability, the defendant decided that the plaintiff was no longer totally disabled, and thereupon stopped the monthly payments, demanded payment of premiums, and, when premiums were not paid, declared the policy lapsed on its books. Plaintiff brought suit, alleging continuance of his disability and repudiation of the insurance contract by the defendant, and he claimed as damages installments already due and installments that would mature during the period of his life expectancy. Defendant demurred. Held, there has been no such breach or repudiation as entitles the plaintiff to future installments, and, since the benefits matured are less than the jurisdictional amount, the demurrer should be sustained. New York Life Ins. Co. v. Viglas, 297 U.S. 672, 56 S. Ct. 615 (1936).

Recommended Citation

Milton Rabinowitz & Jacob I. Veissman, DAMAGES - INSURANCE CONTRACT - RECOVERY OF PRESENT WORTH OF UNMATURED INSTALLMENTS, 35 Mich. L. Rev. 325 (1936).
Available at: https://repository.law.umich.edu/mlr/vol35/iss2/12