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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.