30 Missouri opinions name it 2 courts 1894–2020 0 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Walihan v. St. Louis-Clayton Orthopedic Group, Inc.green2 sentences2013Louis-Clayton Orthopedic Group, Inc., 849 S.W.2d 177, 182 (Mo.App.1993), the court explained that where the facts pertaining to the settlement agreement are not disputed, “it is the function of the trial court to reduce the amount recovered by the amount of the settlement and no instruction is given to the jury.” See also Gibson, 349 S.W.3d at 465 . 2006Louis-Clayton Orthopedic Group, Inc., 849 S.W.2d 177, 182 (Mo.App.1993) (explaining, “it is the function of the trial court to reduce the amount awarded by the amount of the settlement and no instruction is given to the jury”). | 2 | 2 |
Aerojet-General Corp. v. Transport Indemnity Co.green2 sentences2020Similarly, in Aerojet-General Corporation v. Transport Indemnity Co., the California Supreme Court held that an “insured’s site investigation expenses constitute defense costs that the insurer must incur in fulfilling its duty to defend if, and only if . . . the site investigation [is] conducted within the temporal limits of the insurer’s duty to defend, i.e., between tender of the defense and conclusion of the action” and “the site investigation [is] a reasonable and necessary effort to avoid or at least minimize liability.” 948 P.2d 909, 922 (Cal. 1997) (emphasis added). 15 “By contrast, if 2020Similarly, in Aerojet-General Corporation v. Transport Indemnity Co., the California Supreme Court held that an “insured’s site investigation expenses constitute defense costs that the insurer must incur in fulfilling its duty to defend if, and only if . . . the site investigation [is] conducted within the temporal limits of the insurer’s duty to defend, i.e., between tender of the defense and conclusion of the action” and “the site investigation [is] a reasonable and necessary effort to avoid or at least minimize liability.” 948 P.2d 909, 922 (Cal. 1997) (emphasis added). 15 “By contrast, if | 1 | 1 |
Teck Metals, Ltd. v. Certain Underwriters at Lloyd'sgreen1 sentence2020Such investigative costs did not represent “costs incurred in defense of a claim,” but rather “costs to be paid as settlement of a claim.” Id. (“At that stage, it is no longer the investigation of a claim, but the settlement of a claim.”). | 1 | 1 |
Pierce v. Stategreen1 sentence2019Under the current dissolution statutes, "our Supreme Court has held that Section 452.330.1's division of marital property and debts may be accomplished with respect to real estate either by including language in a decree sufficient to convey title without further action by the parties, or by ordering spouses to execute deeds of conveyance subject to 2 The holdings in Roche as well as Fields and its progeny left the trial court in the impossible position of being required, subject to plain error review, to include the legal descriptions for all real property effected, even when the parties fail | 1 | 1 |
Ford v. Gordongreen2 sentences2012Id. at 85 (“We need not decide whether the collateral source rule has any application to a settlement of a claim of a separate injury where some of the alleged damages may overlap because general principles of relevance and admissibility will, we believe, dictate an identical result.”). *472 As previously noted, the collateral source rule applies only to evidence of collateral compensation for the same injury. 2012Ford, 990 S.W.2d at 85 . | 1 | 1 |
Baldridge v. Lacksgreen1 sentence2000Baldridge, 883 S.W.2d at 951 (emphasis added). 3 *650 The reasoning in Novack v. Newman, 709 S.W.2d 116 (Mo.App. | 1 | 1 |
State ex. rel. Royal-McBee Corp. v. Lutengreen1 sentence1993See State v. Luten, 390 S.W.2d 931, 935 (Mo.App.1965), citing O’Hanlon Reports, Inc. v. Ben Needles, 360 S.W.2d 382, 385 (St. | 1 | 1 |
Allen v. Fostergreen1 sentence1993MAI 1.06 [1983 New]; Allen v. Foster, 668 S.W.2d 277, 280 (Mo.App.1984). | 1 | 1 |
O'Hanlon Reports, Inc. v. Needlesgreen1 sentence1993See State v. Luten, 390 S.W.2d 931, 935 (Mo.App.1965), citing O’Hanlon Reports, Inc. v. Ben Needles, 360 S.W.2d 382, 385 (St. | 1 | 1 |
Allen v. Andrewsgreen1 sentence1982Such evidence may be prior claims by the plaintiff against other tortfeasors for similar injuries, Cammarata v. Payton, 316 S.W.2d 474, 478 (Mo.1958), or a settlement of such a claim as compensation for earlier injuries, Allen v. Andrews, 599 S.W.2d 262, 265 (Mo.App.1980). | 1 | 1 |
Cammarata v. Paytongreen1 sentence1982Such evidence may be prior claims by the plaintiff against other tortfeasors for similar injuries, Cammarata v. Payton, 316 S.W.2d 474, 478 (Mo.1958), or a settlement of such a claim as compensation for earlier injuries, Allen v. Andrews, 599 S.W.2d 262, 265 (Mo.App.1980). | 1 | 1 |
Wilson v. Massachusetts Bonding & Insurancegreen2 sentences1977Co., 238 Mo.App. 882 , 190 S.W.2d 944, 947 [3](1945); Globe Indemnity Co. v. Schmitt, 142 Ohio St. 595 , 53 N.E.2d 790, 794 (1944), and in the absence of other considerations not so far appearing in this case Hartford would be well advised to make such proof on retrial. 1977Co., 238 Mo.App. 882 , 190 S.W.2d 944, 947 [3](1945); Globe Indemnity Co. v. Schmitt, 142 Ohio St. 595 , 53 N.E.2d 790, 794 (1944), and in the absence of other considerations not so far appearing in this case Hartford would be well advised to make such proof on retrial. | 1 | 1 |
Globe Indemnity Co. v. Schmittgreen2 sentences1977Co., 238 Mo.App. 882 , 190 S.W.2d 944, 947 [3](1945); Globe Indemnity Co. v. Schmitt, 142 Ohio St. 595 , 53 N.E.2d 790, 794 (1944), and in the absence of other considerations not so far appearing in this case Hartford would be well advised to make such proof on retrial. 1977Co., 238 Mo.App. 882 , 190 S.W.2d 944, 947 [3](1945); Globe Indemnity Co. v. Schmitt, 142 Ohio St. 595 , 53 N.E.2d 790, 794 (1944), and in the absence of other considerations not so far appearing in this case Hartford would be well advised to make such proof on retrial. | 1 | 1 |
Sosa v. Velvet Dairy Stores, Inc.green1 sentence1971See Sosa v. Velvet Dairy Stores, Inc., Mo.App., 407 S.W.2d 615 and cases cited therein. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gibson v. City of St. Louis
green
2 sentences2013Louis-Clayton Orthopedic Group, Inc., 849 S.W.2d 177, 182 (Mo.App.1993), the court explained that where the facts pertaining to the settlement agreement are not disputed, “it is the function of the trial court to reduce the amount recovered by the amount of the settlement and no instruction is given to the jury.” See also Gibson, 349 S.W.3d at 465 . 2013On the other hand, “if there is a disputed issue about whether there was a settlement payment, about whether a certain payment was attributable to a settlement, or about the amount of a settlement payment, ‘this issue is submitted to the jury by modifying the damage instruction as required by MAI 7.02 and using Form of Verdict MAI 36.19.’ ” Gibson, 349 S.W.3d at 465 (quoting MAI 1.06, Committee Comment). | 1 | 2013–2013 |
State, Department of Social Services, Division of Medical Services v. Brundage
green
1 sentence2013We hold only that, because Koury had ample “opportunity to seek full administration of [his] claim yet failed to do so,” Brundage, 85 S.W.3d at 49 , he cannot seek to litigate his disputed claim, or the purported settlement of that claim, in the small-estate proceeding which Corn initiated. | 1 | 2013–2013 |
Neosho R-V School District v. McGee
green
1 sentence2010Id. at 538-39 . | 1 | 2010–2010 |
Interstate Cleaning Corp. v. Commercial Underwriters Insurance Co.
green
1 sentence2007Id. at 1027 . | 1 | 2007–2007 |
State ex rel. Foltz v. Ahr
neutral
1 sentence2005Id. at 795 . 6 The Missouri Supreme Court declared this objection to be “no serious obstacle” to affirming the probate court’s judgment approving the compromise settlement. | 1 | 2005–2005 |
State Ex Rel. Rope v. Borron
green
1 sentence2003Id. at 469 . | 1 | 2003–2003 |
Novack v. Newman
green
1 sentence2000Baldridge, 883 S.W.2d at 951 (emphasis added). 3 *650 The reasoning in Novack v. Newman, 709 S.W.2d 116 (Mo.App. | 1 | 2000–2000 |
Tresner v. State Farm Insurance Co.
green
1 sentence2000Tresner, 913 S.W.2d at 9-10 . | 1 | 2000–2000 |
Everhart Ex Rel. Everhart v. Crabb
green
1 sentence1998Id. | 1 | 1998–1998 |
BASLER, ESTATE OF v. Delassus
green
1 sentence1997Id. at 795 . | 1 | 1997–1997 |
Prezant v. De Angelis
green
1 sentence1997However, we believe that such a ruling must be made before a settlement can be approved.” Id. at 923 . | 1 | 1997–1997 |
Stahly Cartage Co. v. State Farm Mutual Automobile Insurance Co.
green
1 sentence1972Co., (Mo.App.) 475 S.W.2d 438 , 441-442: “Our Missouri reports are replete with cases in which a claimant, having entered into a settlement of his claim and executed a release, for one reason or another has sought to repudiate the release and bring suit upon his original cause of action .... | 1 | 1972–1972 |
Portell v. Pevely Dairy Company
green
1 sentence1970Next, in Portell v. Pevely Dairy Co., Mo., 388 S.W.2d 790 , Portell sued Pevely and its driver, Bannon, for injuries received in a collision between Pevely’s truck and plaintiff’s automobile. | 1 | 1970–1970 |
Rudolph Rudloff v. Rolan M. Johnson
green
2 sentences1961(Motion shows a payment was made to Wyatt in compromise of his claim.) Plaintiff cites Rudloff v. Johnson, 8 Cir., 267 F.2d 708 , in which a plaintiff's claim against the defendant therein for injuries sustained in a collision of automobiles was compromised by an attorney representing defendant's insurance carrier after defendant had filed a counterclaim. 1961(Motion shows a payment was made to Wyatt in compromise of his claim.) Plaintiff cites Rudloff v. Johnson, 8 Cir., 267 F.2d 708 , in which a plaintiff’s claim against the defendant therein for injuries sustained in a collision of automobiles was compromised by an attorney representing defendant’s insurance carrier after defendant had filed a counterclaim. | 1 | 1961–1961 |
Neal v. Curtis & Co. Manufacturing Co.
green
2 sentences1960Co., 328 Mo. 389 , 41 S.W.2d 543, 556 ; Abbott v. City of Senath, Mo.Sup., 243 S.W. 641 .” (Emphasis ours.) The writer of the Kahn opinion then went on to hold that the evidence showed plaintiff had made a settlement of her claim in full with one of the joint tort-feasors and was not entitled to proceed further against the other. 1960Co., 328 Mo. 389 , 41 S.W.2d 543, 556 ; Abbott v. City of Senath, Mo.Sup., 243 S.W. 641 .” (Emphasis ours.) The writer of the Kahn opinion then went on to hold that the evidence showed plaintiff had made a settlement of her claim in full with one of the joint tort-feasors and was not entitled to proceed further against the other. | 1 | 1960–1960 |
Hulse v. Criger
green
1 sentence1953See Supreme Court Rule 5; Hulse v. Criger, Mo. Sup., 247 S.W.2d 855 . *683 Page's contention that his admission as a qualified attorney of the U. S. District Court of the Western District of Missouri exempts him from the charge of contempt here filed seems to run in this vein: Hill's claim for damages could have been prosecuted in the Federal courts under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.; ergo, the aforesaid license is a warrant of authority from a superior jurisdiction to Page to represent Hill in negotiating a settlement of the claim. | 1 | 1953–1953 |
| Young v. Glynn green | 1 | 1932–1932 |
| Lumbermen's Reciprocal Ass'n v. Day green | 1 | 1932–1932 |
| Olentine v. Calloway green | 1 | 1932–1932 |
| Texas Employers' Ins. Ass'n v. Lee neutral | 1 | 1932–1932 |
| Fischer-Hansen v. . Bklyn. Heights R.R. Co. green | 1 | 1920–1920 |
| Adams v. Helm neutral | 1 | 1915–1915 |
| Publishers, George Knapp & Co. v. Pepsin Syrup Co. neutral | 1 | 1915–1915 |
| Goodloe v. Empson Packing Co. neutral | 1 | 1915–1915 |
| Cornelius v. Rosen neutral | 1 | 1915–1915 |
| Andrews v. W. R. Stubbs Contracting Co. neutral | 1 | 1915–1915 |
| D. N. Lightfoot & Son v. Edward Hurd & Co. green | 1 | 1915–1915 |
| Myers v. Maryland Casualty Co. green | 1 | 1912–1912 |
| State ex rel. Scotland County v. Ewing neutral | 1 | 1894–1894 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.