Reference no: EM133640699

Question

1. If your grandparents were to die leaving a large estate, and all of their children were also dead, would you have a larger inheritance under a per stripes or a per capita distribution?

2. When Gregg died, his will stated, "I leave all my assets to my children, Max and Alison." Max had died a few years earlier, leaving behind a widow and four children. Who will get Gregg's money?

3. Kehlani and George had two children before they were divorced. Under the terms of their divorce, George became the owner of their house. When he died suddenly, their children inherited the property. Kehlani moved into the house with the children and began paying the mortgage, which was in George's name alone. She also took out fire insurance. When the house burned down, the insurance company refused to pay the policy because she did not have an insurable interest. Do you agree? Why or why not?

4. Armeen ran a stop sign and hit the Suazos' car, killing their children. He had $1.5 million in insurance. The Suazos offered to settle the case for that amount. but Liberty State, Armeen's insurance company, refused and proposed $300,000 instead. At trial, the jury awarded the Suazos $1.9 million, which meant that Armeen was liable for $400,000 rather that the zero dolars he would have to had pay if Liberty had accepted the Suazos' offer. What is Liberty's liability? Under what theory?

5. Dannie Harvey sued her employer, O.R. Whitaker, for sexual harassment, discrimination, and defamation. Whitaker counterclaimed for libel and slander, requesting $1 million in punative damges. Both Whitaker and Harvey were insured by Allstate, under identical homeowner policies. This policy explicitly promised to defend Harvey against the exact claim that Whitaker had made against her. Harvey's Allstate agent, however, told her that she was not covered. Because the agent kept all copies of Harvey's insurance policies in his office, she took him at his word. She has no choice but to defend against the claim on her own. Whitaker mounted a hostile litigation attack, taking 80 depositions. After a year, Allstate agreed to defend Harvey. However, instead of hiring the lawyer who had been representing her, it chose another attorney. Harvey's new lawyer refused to meet her or to attend any depositions. Harvey and Whitaker finally settled. Whitaker had spent $1 million in legal fees, Harvey $169,000, and Allstate $2,513. Does Harvey have a claim against Allstate? Why or why not?

6. Jackson lived in an apartment with Miri, to whom he was not married. When he applied for homeowners insurance, the form asked their marital status. He checked the box that said "married." Later, the apartment was robbed, and Jackson filed a claim with his insurance company. When the company discovered that Jackson and Miri were not married, it refused to pay the claim on the grounds that he had made a material mispresentation. Jackson argued that the misrepresentation was not material because the insurance company would have issued the policy no matter how he answered the question. Is Jackson's policy valid? Why or why not?