Cook V. Equitable Life Assurance Society: Right Of Way Clearing Equipment Sales
12, 1985) (the April 12 Order). Mackey and The Equitable responded in two ways: first, by terminating Cooke's contract with The Equitable and refusing to pay continuing commissions on renewed policies Cooke had sold; and second, by mailing a letter to all of Cooke's clients (the "Mackey" letter), asserting that he had misinformed them about the financial health of The Equitable. Is the trial court's entry of summary judgment in this case contrary to Indiana law because the court entered judgment in favor of the named beneficiary of an insurance policy rather than in compliance with the insured testator's intent as expressed in his will? See Legro v. Kelley, 311 Mass. The equitable life assurance company. The certificate provided that Taylor could change the named beneficiary by following certain procedures. Thus, contrary to the apparent assumption of the court below, Equitable's perceived good faith was not dispositive of the issue. Appellant argues that, even if the terms of a will can be read into an inter vivos trust to give the latter necessary substance, such a rule is inapplicable in this case for a triad of reasons.
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Cook V. Equitable Life Assurance Society For The Prevention
Tracts physically separated from one another frequently, but we cannot say always, are not and cannot be operated as a unit, and the greater the distance between them the less is the possibility of unitary operation, but separation still remains an evidentiary, not an operative fact, that is, a subsidiary fact bearing upon but not necessarily determinative of the ultimate fact upon the answer to which the question at issue hinges. The Owner may change the beneficiary from time to time prior to the death of the Insured, by written notice to the Society, but any such change shall be effective only if it is endorsed on this policy by the Society, and, if there is a written assignment of this policy in force and on file with the Society (other than an assignment to the Society as security for an advance), such a change may be made only with the written consent of the assignee. If the society has waived a strict compliance with its own rules, and in pursuance of a request of the insured to change the beneficiary, has issued a new certificate to him, the original beneficiary will not be heard to complain that the course indicated by the regulations was not pursued.
Cook V. Equitable Life Assurance Society Of The United
On March 5, 1965, Douglas and Doris were divorced. Like the second, the first counterclaim derived its impetus from the Massachusetts consumer protection statute, ch. 6C (prejudgment interest available in claims for breach of contract from date of breach or demand). This, then, can fairly be treated as the date of breach for purposes of section 6C. G., Underwriters at Lloyd's v. Nichols, 363 F. 2d 357, 365 (8th Cir. Co., 13 N. 31; Cohen v. Mutual Life Ins. City of Chicago v. EQUITABLE LIFE ASSURANCE SOC., US, 134 N. E. 2d 296 (Ill. 1956). See Van Dyke v. St. Paul Fire & Marine Ins. The equitable life assurance society of the united states phone number. Here, the store and parking properties were acquired at different times, from different owners, and for different purposes. This, we think, was entirely fitting. Procedural History: Trial court found that there was no genuine issue of fact and gave the money to Doris. With this we cannot agree. Under this more expansive definition, goodwill becomes a saleable asset in certain circumstances.
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Douglas went on to marry. However, he was not permitted to say how he arrived at this valuation. They were not used for any common purpose as one tract of land. We will not permit the tail to wag the dog in so witless a fashion.
Cook V. Equitable Life Assurance Society Conference
An expert's opinion can best be tested by examining the facts upon which it stands. How, then, can plaintiff justify having filed an interpleader encompassing those funds? Unlike in Frost, the trust instructions were undeniably in the front of the insured's mind when he designated the trustee as beneficiary. Christopher M. Dube, '98. The standard is an objective one. ¶ 4 Cooke responded by filing suit in 1992, alleging defamation, wrongful termination and breach of contract. As appellants phrase it, Other than non-payment of the renewal commissions, and termination of employment, there was no other evidence of any breach of contract by defendant. While it is often said that the tracts must be "contiguous, " it is generally recognized that physical touching or its lack is not conclusive. 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.
Cook V. Equitable Life Assurance Society For The Prevention Of Cruelty
Thus, although the condemned parcel was being presently used for free parking purposes, the owners should have been allowed to offer evidence as to its commercial use and facts in support thereof. From these facts, a reasonable fact-finder could determine that Mackey acted rashly and negligently in reacting to Cooke's draft brought to his attention. Here there is no such indication or implication. Holding: No, the beneficiaries must be changed in accordance with the terms of the policy if it is possible to do so.
Discovery was made; interrogatories and affidavits were filed; and all parties moved for summary judgment. Again we held that, although recovery could be had for damages to contiguous property not taken, those parcels which were separated from the condemned area by public streets or alleys were not a proper subject of the eminent domain proceedings. The district court entered summary judgment for the insurer because the record contained "no indication of bad faith on the part of [Equitable]" in bringing the interpleader and paying the 30% share into court. Puleio v. Vose, 830 F. 2d 1197, 1203 (1st Cir. Brief of Plaintiff-Appellee at 20.
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