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Truck Wreck On I 40 In Arkansas
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Wreck On I 40 Yesterday In Arkansas
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Soc., 145 F. 2d 945, 949 (3d Cir. The protagonists answered the complaint, and Sandra counterclaimed against Equitable for unfair practices. Instead, the court reasoned, the partnership's treatment of the pension plan coupled with the fact that the partnership agreement limited pension payments to no more than fifteen percent of partnership profits caused the pension payments to be operating expenses of the successor firm contingent on its future profits. 29, 36, 139 N. 329, trans. Margaret A. COOK, Administratrix C. T. A. of the Estate of Douglas Daniel Cook, Deceased; Margaret A. Cook; Daniel Joseph Cook, a Minor, Defendants-Appellants, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Interpleader Plaintiff-Appellee, Doris J. Combs, Defendant-Appellee. As long as it is reasonable to infer that this loss was a result of the letter, the evidence will be deemed sufficient to sustain the finding. What is more, the better-reasoned opinions in other jurisdictions appear fully consistent with the view which we espoused in Boston Safe and which we today reaffirm. Scottish equitable life assurance policy. Rather, we believe the "excessive" verdict is just that - a verdict based on the jury's inferred amount of losses due to non-payment of renewal commissions. An expert's opinion can best be tested by examining the facts upon which it stands.
Cook V. Equitable Life Assurance Society Of The United States
As the trial court noted, Federal Judge Charles Smith testified: "I was shocked that anybody would accuse Mr. Cooke of misrepresentation. Mendelsohn v. 2d 733, 734 (N. Sup. Finally, Mackey stated that he never spoke to any of Cooke's clients who had switched policies from Equitable to ascertain whether they had suffered adverse economic consequences before accusing Cooke of exposing Equitable clients to such consequences. He subsequently became a licensed insurance broker and began offering a wide range of products from different companies to his clients. 3(9)(f) in that it "[f]ail[ed] to effectuate prompt... settlement[] of [a] claim[] in which liability ha[d] become reasonably clear. It is for you to determine whether the defendant abused this privilege, and if you find he did, you may return a verdict in favor of Mr. Cook v. equitable life assurance society for the prevention of cruelty. Cooke and against Mr. Mackey and The Equitable. We cannot say, then, that viewing the charge as a whole, the trial court erred in explaining the law. Doris agrees that less than strict compliance with policy change requirements may be adequate to change a beneficiary where circumstances show the insured has done everything within his power to effect the change. First, this is not a case where an insurer held back (and enjoyed the use of) funds belonging to an insured.
Scottish Equitable Life Assurance Policy
9, it revoked the Will. Rectifying this omission requires a mere arithmetical computation, not a new trial. THE NEED TO INTERPLEAD. And I was shocked that any former employer would bad mouth an employee that had been with them for so many years when they left. Cook v. equitable life assurance society of the united. " Furthermore, the court cited Disciplinary Rule 2-111 for the proposition that goodwill is includable among the assets in the sale of a partnership. 80-2586-N ( May 31, 1988) (). Indeed, in the usual case, at least one of the claims will be very tenuous.
Cook V. Equitable Life Assurance Society For The Prevention
Argued that the will was a valid attempt to change the provisions of the. Parties||EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES v. RUDOLPH WEIL|. Equitable Life Assurance Society of United States v. Weil, 15, 428. At 307-08, 53 N. 823. It is a truism that in appeals from the granting of summary judgment we shall construe all materials on file in favor of appellants and resolve all doubts against the appellees to determine if a genuine issue of material fact exists. The court held:"And where the policy or the contract of life insurance contains the right of the insured to change the beneficiary, such right must be exercised in the manner provided in such policy or contract. This, we think, was entirely fitting. Questions of this nature can not be decided in a vacuum. 9 even absent any showing of negligence. 85, 95, 449 N. 2d 1189 (1983); Dodd v. Commercial Union Ins.
Cook V. Equitable Life Assurance Society Of The United
The former is used for retail merchandising while the latter is used for public parking. Simply put, the verdict in this case does not shock us. 52 ("The fact that the insurance trust relies upon the settlor's will is not in itself sufficient to make the trust testamentary in character. Denis Frauenhofer, for appellant. "The mere statement of such a fact, it seems to us, is conclusive against the existence of any such right. Moreover, future uses, such as the possible expansion referred to, appear not greatly material to a consideration of present value, as opposed to the present facts themselves. A testator must comply with the rules of the insurance policy to effect a change of beneficiary. The SJC recognized that, "[f]or the purpose of showing who was the beneficiary, and what the terms of the trust were, evidence of the declarations oral and written of the donor w[as] admissible" to amplify the cryptic designation contained in the policy. SUMMARYThe law firm of White & Case dissolved in 1988 to expel a partner and immediately reformed under the same name. However, he was not permitted to say how he arrived at this valuation. Incorporation by reference is an accepted device in the law of trusts and estates.
The Equitable Life Assurance Company
The record belies this assertion. For example, at page 28 of their brief, they state: "This means that the taking of this lot forever freezes this store to its present size, and prevents the use of this land for expansion of store functions. Our answer is found at Pa. § 311(g)(1)(I), which states, "failure to appeal ․ [u]nder Subdivisions (a), (b)(2) or (f) of this rule shall not constitute a waiver of the objection to the order. In White v. Metropolitan West Side Elevated Railroad Co. *347 that proceeding another tract of land not contiguous and not connected with the land condemned, no portion of which has been taken, and recover such consequential damages as he may have sustained. 29, Insurance, § 1292, p. 965. These are unexacting standards--and Merle's offering clears the jurisdictional bar with room to spare. The evidence to support such a conclusion was sufficient. Communications Workers of America v. Western Electric Co., 860 F. 2d 1137, 1142 (1st Cir. Unanswered QuestionsGenerally, ethical considerations no longer prohibit the inclusion of goodwill among a partnership's assets. Douglas then married and had a son with Margaret later in 1965. Denied, this court held that an interpleader action by a life insurance company does not affect the parties' rights. Smith v. Bell Telephone Co., of Pennsylvania, 397 Pa. 134, 153 A.
Cook V. Equitable Life Assurance Society For The Prevention Of Cruelty
We agree with her that attorneys' fees can be awarded to a prevailing plaintiff in a case like this notwithstanding the insurer's lack of willfulness. Code had been in effect, Doris' name. Though an infraction occurred, there is not sufficient evidence that it was "willful or knowing. " For the basic test is unity of use. The underlying controversy pits first wife against second in a rancorous internecine struggle within the family Englehart. Next, its application to the plaintiff. 179; Wingo v. First National Bank of Pontotoc, 60 So. See Legro v. Kelley, 311 Mass. At 7, the judge interpreted the phrase "[i]f there is no will" to mean "if the will is non-existent, " not "if the will is incapable of being probated. "
381, 388 n. 12, 398 N. 2d 482 (1979) (quoting Rice, New Private Remedies for Consumers: The Amendment of Chapter 93A, 54 Mass. Mendelsohn v. Equitable Life Assurance Soc'y, 33 N. S. 2d 733 (N. Div. It should have tendered the 30% share of the accidental death benefit at about the same time. Margaret and Daniel do not dispute the facts in this case, yet they contend that the court's entry of summary judgment was erroneous because Indiana law does not require strict compliance with the terms of an insurance *113 policy relative to a change of beneficiary in all cases. The complainant alleged that this so-called surplus of the defendant belongs entirely to the policy holders, after making certain deductions, and the defendant holds it, or at any rate a large portion of it, in trust for them, and that such is the proper construction of the charter and the policy; and he also avers that defendant has not distributed it from time to time to the policy holders, as intended by the charter and the policy. 342 STUART S. BALL, and WILLIAM K. BATCHELDER, both of Chicago, (SIDLEY, AUSTIN, BURGESS & SMITH, and MAYER, FRIEDLICH, SPIESS, TIERNEY, BROWN & PLATT, both of Chicago, of counsel, ) for appellants. Was being converted to a paid-up term policy with an expiration date 30. years in the future.
He executed no new will. If the partnership does not treat the unfunded pension plan as a liability in its financial statements, the partners cannot later claim it as such. Appellant has also assigned error to the May 30 Order, wherein the lower court granted summary judgment in Equitable's favor on the counterclaims. Under this analysis, a partner's reputation leaves a firm with him. But this record presents no such case. Puleio v. Vose, 830 F. 2d 1197, 1203 (1st Cir. Dawson suggests that this definition will also allow the inclusion of goodwill as an asset in dissolution. 457, 471, 53 N. 2d 113 (1944) (so long as interest passes from owner presently, while owner remains alive, transfer is not testamentary). 2d 324, 329 () (quoting Beckman v. Dunn, 276 527, 419 A. Since it is quite evident that property which can produce no income has but little value, more facts were needed to explain this apparent inconsistency.
The term `wife' is merely descriptio personae. Ct. ), appeal denied, 35 N. 2d 162 (N. 1942). Being my Bank Accounts at Irwin Union Bank & trust to their Welfair [sic] my Insurance policys [sic] with Common Welth of Ky. and Equitable Life. In Dawson, the entire firm reformed absent one partner. We may be sympathetic to the cause of the decedent's widow and son, and it might seem that a departure from the general rule in an attempt to do equity under these facts would be noble. Mackey received a copy of the draft from a new business manager who had found it in the supply room. They also noted that if. In a crowded metropolitan area, this may be not only "convenient and beneficial" but vital.