War Exclusion Clauses and Undeclared Wars
In: Tennessee Law Review, Jg. 39 (1972), S. 328
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I. INTRODUCTION There was no evidence that the four men dressed in civilian attire who killed Phillip J. Welts and robbed others in his party at gunpoint thirty miles behind the Union lines were Confederate soldiers. Nor did the facts that his work in repairing railroad bridges was of military significance, that he was working under Army orders, and that he was paid by an Army paymaster, make him a soldier. Therefore, said the New York Commissioner of Appeals, Welts' death was not one of the "casualties or consequences of war or rebellion, or from belligerent forces" 1 as was excluded from coverage by his life insurance policy, and the beneficiary could collect the full value. 2 As one of the earliest reported cases dealing with war exclusions in life insurance policies, that case is interesting because no one questioned the existence of a war, despite the absence of a Congressional declaration. Yet that question, so blithely ignored a hundred years ago, has been the central issue in at least thirty-one cases since 1941, and no explicit answer has appeared. It is universally accepted that war exclusion clauses are valid in life insurance policies. It is also universally accepted that when an ambiguity appears in an insurance policy, that ambiguity will be resolved in favor of the insured and against the insuror. 3 Beyond those considerations, agreement ceases. A war exclusion clause raises two questions, and there is a split of authority ...
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War Exclusion Clauses and Undeclared Wars
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Autor/in / Beteiligte Person: | Crain, James M. |
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Zeitschrift: | Tennessee Law Review, Jg. 39 (1972), S. 328 |
Veröffentlichung: | 1972 |
Medientyp: | academicJournal |
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