disputed contract claim (Texas) · Go Syfert
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disputed contract claim in Texas

20 Texas opinions name it 2 courts 1996–2021 1 in the last five years

The cases below were cited by Texas 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.

Followed or applied (4)

CaseFollowedCited
Liberty National Fire Insurance Co. v. Akingreen
tex · 1996 · cited in 16 Texas opinions naming this issue, 2003–2021
2 sentences

2021Co., No. 02-07-141-CV, 2007 WL 1574964 , at *1 (Tex. App.—Fort Worth May 30, 2007, orig. proceeding) (mem. op.); see also Akin, 927 S.W.2d at 630 (recognizing that severance may be necessary if the “insurer has made a settlement offer on the disputed contract claim” or if there are “other compelling circumstances”).

2020The Texas Supreme Court recognized that severance may be necessary if the “insurer has made a settlement offer on the disputed contract claim” or if there are “other compelling circumstances.” Id. at 630 .

316
Scurlock Oil Co. v. Smithwickgreen
tex · 1986 · cited in 3 Texas opinions naming this issue, 1996–2006
2 sentences

2006See Scurlock Oil Co. v. Smithwick, 724 S.W.2d 1, 4 (Tex.1986) (holding that settlement offers are inadmissible to prove or disprove liability on a claim).

2006See Scurlock Oil Co. v. Smithwick , 724 S.W.2d 1, 4 (Tex. 1986) (holding that settlement offers are inadmissible to prove or disprove liability on a claim).

33
In Re Allstate Insurance Co.green
texapp · 2007 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015Co., 232 S.W.3d at 344 (internal citations omitted). 30 Just as in Skeen and In re Allstate, supra, AAA made an offer of settlement on a disputed contract claim to Jackson. [MR 1; 4-5.] Furthermore, Jackson has made it abundantly clear that he intends to make the offer of settlement by AAA the focal point and key piece of evidence for purposes of proving up his breach of contract claim as described in his response to AAA’s motion to sever and abate [MR 131], and to prove up his purported extra-contractual claims [Id.].

2015Citing to the Supreme Court's opinion ín Akin, this Court also recognized that a "trial court has broad discretion to sever a lawsuit into separate suits" and is only required to do so "when there is a settlement offer on the disputed contract claim." See id. (emphasis added).

12
In re: Texas Farm Bureau Underwritersgreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020In re Tex. Farm Bureau Underwriters, 374 S.W.3d 651, 657 (Tex. App.— Tyler 2012, orig. proceeding); In re Allstate Cty.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
In Re Allstate County Mutual Insurance Co. green
texapp · 2006
1 sentence

2007Id.

12007–2007
United States Fire Insurance Co. v. Millard green
texapp · 1993
1 sentence

2006Millard, 847 S.W.2d at 673 .

12006–2006

Statutes the citing opinions construe

TX § Tex. Ins. Code § 541.060 (5) TX § Tex. Ins. Code § 541.061 (3)

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.

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