Also known as: insurable · insurant · insure · insures · insured · insurer · insuring · insurances
Written by attorneys · grounded in primary & secondary sources — see below
A contract by which one party undertakes to indemnify another against loss, damage, or liability from a specified contingency in exchange for a premium. The insurer assumes the risk and often agrees to defend the insured. Title insurance protects against defects in real property ownership while liability policies cover judgments or settlements.
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Igor Ito contracted to buy land from Insight Consulting. A prior mortgage lien remained unreleased at the scheduled closing date. Igor refused to perform because the title was unmarketable and no title insurer would issue a policy at standard rates without the defect being cured.
Ilana Isaacs sued Infinity Bank for breach of contract. During initial disclosures Infinity produced its liability insurance agreement showing coverage up to five million dollars. The policy terms became available for inspection because the insurer could satisfy part of any judgment.
Ibrahim Iqbal's will specifically devised his vacation home to his daughter. A fire destroyed the home before his death and the insurer issued a check for the loss. The daughter received the unpaid insurance proceeds rather than seeing the specific devise adeem.
Ines Ibarra, a forum resident, purchased a liability policy from an out-of-state insurer. After an accident in the forum she sued the insurer there. The single deliberate act of issuing and maintaining the policy supplied the minimum contacts needed for specific jurisdiction.
Israel Irving, a citizen of State A, sued his liability insurer directly without joining the insured. The insurer was incorporated in State B with its principal place of business in State C. For diversity purposes the insurer was deemed a citizen of State A as well as its own incorporation and principal-place states.
Irene Ingalls executed a will devising her estate to the trustee of a revocable life insurance trust she had created years earlier. The trust held the policies even though she retained ownership rights. The devise remained valid and the proceeds passed outside probate according to the trust terms.
Insurable title is a title a reputable title insurance company will insure at standard rates. The standard is sometimes less strict than full marketability, allowing the seller to satisfy the obligation by obtaining a commitment even if minor clouds remain.
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A party must disclose any insurance agreement under which an insurer may be liable to satisfy all or part of a possible judgment or to indemnify payments made to satisfy the judgment. The agreement is produced for inspection and copying as under Rule 34.
…the Does established that "personal stake in the outcome of the controversy," Baker v. Carr , 369 U. S. 186, 204 (1962), that insures that "the dispute sought to be adjudicated will be presented in an adversary context and in a form historically viewed as capable of judicial resolution," Flast v. Cohen , 392 U. S. 83,…
…commissioner is clear from the ad. In addition, the jury heard the testimony of a newspaper editor . . . ; a real estate and insurance man . . . ; the sales manager of a men's clothing store . . . ; a food equipment man . . . ; a service station operator . . . ; and the operator of a truck line for whom respondent had…
…v. Shaw , 248 U. S. 297, 303; Pierce Oil Corp. v. City of Hope , 248 U. S. 498, 500. The inclusion of a reasonable margin to insure
…be notified that a suit has been instituted against him, it relates to the "practice and procedure of the district courts." Cf. Insurance Co. v. Bangs , 103 U. S. 435, 439. "The test must be whether a rule really regulates procedure, —the judicial process for enforcing rights and duties recognized by substantive law and…
…in power. Our ancestors' ancestors had known the tyranny of the kings and the rule of man and it was, in my view, in order to insure against such actions that the Founders wrote into our own Magna Carta the fundamental principle of the rule of law, as expressed in the historically meaningful phrase "due process of law."…
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The devisee is entitled to any unpaid insurance proceeds remaining at death for damage to or loss of the property. The specific devise does not fail if the proceeds can be identified and traced.
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Yes. Solicitation and maintenance of an insurance contract with a forum resident can constitute the deliberate contact required when the suit arises out of that contact and the forum has a strong interest in redress for its residents.
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In a direct action against the insurer to which the insured is not joined, the insurer is deemed a citizen of every state of which the insured is a citizen, every state where the insurer is incorporated, and the state of its principal place of business.
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Yes. A will may devise property to the trustee of a trust established during the testator's lifetime, including a funded or unfunded life insurance trust, even if the settlor reserved rights of ownership in the policies. The trust need not be funded at the time the will is executed.
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