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They challenge the trial court's refusal to compel arbitration or to grant a judgment N. O. V. We affirm. A conditional privilege is abused if "the publication is actuated by malice or negligence. " A copy of this draft was discovered by office staff and given to appellant Mackey. The equitable life assurance company. 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. Reversed and remanded. Equitable gained nothing for itself, because it paid the 30% share into court.
The Equitable Life Assurance Society Of The United States Phone Number
Abrams v. Reynolds Metals Co., 340 Mass. Simply put, the verdict in this case does not shock us. The legislature reflects this concern with certainty in the area of insurance beneficiaries in Ind. Providing for recovery of "up to three but not less than two times [the] amount [of actual damages]" if the respondent has committed a "willful or knowing violation" of Chapter 93A, Sec. The defendants contend that the court also erred in refusing to permit evidence in support of their cross petition. ¶ 17 Appellants also contend that the evidence was insufficient to sustain a verdict of $125, 000 on the breach of contract claim or $500, 000 on the defamation claim. Yet, the case at bar is at a sizable remove: since life insurance policies must be paid directly to the designated beneficiary rather than distributed through the probate estate, a federal declaration concerning such proceeds in no way interferes with the work of the probate court. It sings the same narrowly-focused song on appeal. Fabiano, 39 386, 387-88 (); Strachan v. Prudential Ins. Put another way: "No particular form of words is required to create a trust. Cook v. equitable life assurance society of the united. Nor was this a case where an insurer, after making a partial payment, suddenly discovered a potentially conflicting claim. 1) Two or more adverse claimants, of diverse citizenship... are claiming or may claim to be entitled to... any one or more of the benefits arising by virtue of any... policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited... the amount due under such obligation into the registry of the court, there to abide the judgment of the court.... 28 U.
In Stover v. Stover, (1965) 137 Ind. 2d 37, 39 (), alloc. 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. The equitable life assurance society of the united states phone number. Thousands of Data Sources. ¶ 14 The first complaint raised by appellants is that there was no evidence that the Mackey letter was understood by any of the recipients to be defamatory. Thus, the ceiling on Sandra's claim was 30% of the face amount of the policy, or $20, 700.
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. They take complete effect as of that time. Like William Shakespeare's account of King Ferdinand of Navarre and his much-befuddled lords, this too is a case of "Love's Labour's Lost. " 704, 708, 166 N. 2d 204 (1960) (damages for breach of contract assessed on the principle "that the injured party shall be placed in the same position he would have been in if the contract had been performed"). 1974); Koehring Co. Hyde Construction Co., 424 F. 2d 1200, 1205 (7th Cir. See 5 M. Rhodes, Couch on Insurance 2d Sec. Relying upon provisions of the testamentary trust to flesh out the language of the policies' beneficiary designations, we concluded that the insurance proceeds should be held under the selfsame terms: [T]he decedent, by the provisions contained in the policies and the will, declared his intention that the proceeds of the policies should be held in trust for the benefit of his... children, and... the other facts in the case disclose the same intent and support this conclusion. RELEVANT EXCERPTS FROM LAST WILL AND TESTAMENT OF MANFRED. N. Partnership Law § 74 (McKinney 1996).
The Equitable Life Assurance Company
¶ 25 Judgment of the trial court is affirmed. After his divorce, he married his second wife and had a son with her. The court does not cite a single case in support of its holding; and did not answer a single opposing case except by its own ipse dixit. 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. ¶ 16 Appellants also argue the judgment n. should have been granted because there was no evidence that Mackey was negligent or reckless in sending his letter. 2d 432 () (citations omitted) (quoting Duquesne Light Company v. Woodland Hills School District, 700 A. We do not believe the trial court abused its discretion by accepting appellee's reason for late submission under the "for good cause" exception to the pre-trial order. The evidence to support such a conclusion was sufficient. To this day, Equitable has never been able to identify such a claim. Barrell v. Joy, 16 Mass. Upon endorsement of a change of beneficiary upon this policy by the Society, such change shall take effect as of the date the written notice thereof was signed, whether or not the Insured is living at the time of endorsement, but without further liability on the part of the Society with respect to any proceeds paid by the Society or applied under any option in this policy prior to such endorsement. Brief of Plaintiff-Appellee at 20.
Our conclusion derives support from our own precedent. V. WAS EQUITABLE INEQUITABLE? The parking lot is rectangular in shape and is bounded on the north by the public alley, on the west by Peoria Street, on the south by Sixty-fourth *344 Street, and on the east by the north-south alley and is equipped with asphalt paving, car stops, lights, and is enclosed by a cyclone fence. In Hoess v. Continental Assurance Co., supra, the court was presented with a situation in which a decedent likewise had failed to name his new wife as the beneficiary of his life insurance policy after his divorce. Moreover, in light of our conclusion that the 70% shares rightfully belong to Merle as trustee, see supra Part IV, the premise upon which the second counterclaim rests is obviously unsupportable. Notwithstanding this favorable ruling, she continues to challenge the court's jurisdiction to adjudicate ownership.
Contemporaneous with the start of suit, Equitable deposited into the district court's registry $117, 300--an amount representing the residual 70% of the life policy and the entire value of the accidental death policy. It seems clear that the parking lot is an integral part of the Wieboldt retail operation, and if as a result of condemning the parking property the market value of the store property declines, there should, in justice, be compensation for land damaged but not taken. At 308-09, 53 N. 4 The effect of incorporation in this case is simply to recognize that Manfred created an inter vivos life insurance trust having the same terms as his testamentary trust, but separate and distinct therefrom. In others, having no statute in point, the matter is simply dealt with as a matter of common law and interpretation of partnership agreements. APPEAL from the chancery court of Warren county, HON. This provision goes to the heart of appellee's argument and negates it. We find that the record demonstrates that sufficient evidence was presented such that the jury could reasonably infer liability. Here there is no such indication or implication. As the SJC has phrased it: "Whether a trust is created by a contract is to be ascertained by the words used in that contract or by the terms of that contract, however phrased, which show in the light of the surrounding circumstances that the parties intended by the executed instrument to create an express trust in furtherance of the object sought to be attained. " Appellant received this sum on or about April 12, 1985, in pursuance of the April 12 Order--but that payment did not necessarily wipe the slate clean. Smith v. Bell Telephone Co., of Pennsylvania, 397 Pa. 134, 153 A. Like the second, the first counterclaim derived its impetus from the Massachusetts consumer protection statute, ch. Docket Number||15, 428|.
Cook V. Equitable Life Assurance Society Of The United
Here, the uncontradicted evidence mandated an inference that the decedent intended to distribute 70% of the insurance proceeds to his children via the trust device. However, he was not permitted to say how he arrived at this valuation. G., Bemis v. Fletcher, 251 Mass. The mysterious Mrs. Smith, thought by some to be decedent's inamorata, had been told by Kendrick that she was the beneficiary of his life insurance and should see Taft about the matter if Kendrick died. Such rulings were clearly erroneous. Nor does the fact that the appellee is designated as `wife' alter the situation. There are at least two major problems with this self-righteous approach. The court notes, "the holding in this case is based on the specific facts presented, and should not be construed as a prohibition against the valuation, in the appropriate case, of law firm good will. Tyson v. Kelly, 379 Ill. 297; Stetson v. Chicago and Evanston Railroad Co. ; Kossler v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co. 208 Pa. 50, ; Peck v. Superior Short Line Line Railway Co., ;. ) Douglas had taken no actions at all. Margaret and Daniel recognize that matters relating to summary judgment are controlled by of Procedure, Trial Rule 56. In the main, Sandra's guns were trained on the two 70% shares. Next, its application to the plaintiff. But decedent had established a trust for the benefit of his wife and children in his will and had named the same institution as custodian of that trust.
As far as the Trial Court. Was concerned, the contract on file with Equitable clearly indicated that. He could not accomplish that end, nor affect the ultimate rights of the beneficiary by a will. Sandra Porter-Englehart, Defendant, Appellant. The paterfamilias, Manfred Owen Englehart, Jr., was a mathematician employed by Factory Mutual Engineering Corporation (FM). Affirmed in part; reversed in part; remanded. 15-a (1996) (Disciplinary Rule 2-111) (allowing sale of law partnership and accompanying goodwill). Black's Law Dictionary 695 [6th ed. These states include Nebraska, Illinois, and Massachusetts. Second, as the district judge correctly found, May 30 Order at 1, there was "no indication of bad faith on [Equitable's] part.... "7. 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.
320, 324, 168 N. 804 (1929); see also Montague v. Hayes, 76 Mass. However, prior to his death, decedent orally requested his agent to change the beneficiary, but the change was not made. Taft had no knowledge of any insurance or trust. Nothing in the record suggests otherwise.
Co., 9 Daly, 489; affd.