· 9/27/1940
John Hancock Mut. Life Ins. Co. v. Commissioner
Citations
- 42 B.T.A. 809
- 1940 BTA LEXIS 951
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- showing of prejudice required in order for insurer to deny personal injury protection coverage on the basis that an insured's settlement failed to comply with a subrogation provision
- showing of prejudice required in order for insurer to deny personal injury protection coverage on the basis that an insured’s settlement failed to comply with a sub-rogation provision
- because liability and PIP coverages are separate and distinct, injured insured entitled to first apply tort liability recovery to expenses not covered by-PIP
- insurer may reduce its PIP liability by amount received from tortfeasor, but the key factor is double recovery
- insurer may reduce its PIP liability by amount received from tortfeasor, but the key factor is double recovery
- insurer not entitled to reimbursement until the insured had been made whole; therefore, insurance proceeds are allocated to general damages before special damages
Source: CourtListener parenthetical corpus (CC0).
Judges: Black, Ejeen, Disnet, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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