costs defense (Pennsylvania) · Go Syfert
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costs defense in Pennsylvania

17 Pennsylvania opinions name it 6 courts 1924–2020 0 in the last five years

The cases below were cited by Pennsylvania 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 (10)

CaseFollowedCited
Hovatter, D. v. CSX Transportationgreen
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Alford v. Philadelphia Coca-Cola Bottling Co., Inc., 531 A.2d 792 (Pa.Super. 1987). - 10 - J-A07037-19 default judgment or compromise for a larger sum.” Hovatter, 193 A.3d at 424 (quotation marks and quotation omitted).

11
Alford v. Philadelphia Coca-Cola Bottling Co.green
pa · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019See Alford v. Philadelphia Coca-Cola Bottling Co., Inc., 531 A.2d 792 (Pa.Super. 1987). - 10 - J-A07037-19 default judgment or compromise for a larger sum.” Hovatter, 193 A.3d at 424 (quotation marks and quotation omitted).

11
PennDOT v. BRAYMAN CC-BRACKEN CCgreen
pacommwct · 1986 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Notably, this Court has stated that evidence of actual mailing is not required.” C.E. v. Department of Public Welfare, 97 A.3d 828, 832 (Pa. Cmwlth. 2014) (internal citations and quotation marks omitted) (citing Department of Transportation v. Brayman Construction Corp., 513 A.2d 562, 566 (Pa. Cmwlth. 1986)).

11
C.E. v. Department of Public Welfaregreen
pacommwct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Notably, this Court has stated that evidence of actual mailing is not required.” C.E. v. Department of Public Welfare, 97 A.3d 828, 832 (Pa. Cmwlth. 2014) (internal citations and quotation marks omitted) (citing Department of Transportation v. Brayman Construction Corp., 513 A.2d 562, 566 (Pa. Cmwlth. 1986)).

11
In Re Padezaningreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See In re Padezanin, supra. Accordingly, we discern no abuse of discretion. -7- J-S69037-15 Lastly, we are not persuaded by Appellant’s claims that she should not be compelled to pay counsel fees because defense counsel is a salaried employee or because defendants are not “actually” responsible for the costs of their defense.

11
Erie Insurance Exchange v. Claypoolegreen
pasuperct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015Exchange v. Claypoole, 673 A.2d 348, 355-356 (Pa. Super. 1996) (en banc) (internal citations omitted) (“It is well established that the duty to defend and pay the costs of defense is broader than the duty to indemnify [an insured].

11
Terminato v. Pennsylvania National Insurancegreen
pa · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014Co., 538 Pa. 60 , 645 A.2d 1287, 1288 (1994) (holding “an insured is not required to request reconsideration of a peer review decision before proceeding to court”). 9 Further, only an insurer’s refusal to pay that is not based on a peer review determination under Section 1797(b) implicates the attorney fee award at issue in this appeal. (6) Court determination in favor of provider or insured. — If, pursuant to paragraph (4), a court determines that medical treatment or rehabilitative services or merchandise were medically necessary, the insurer must pay to the provider the outstanding amount p

2014Co., 538 Pa. 60 , 645 A.2d 1287, 1288 (1994) (holding “an insured is not required to request reconsideration of a peer review decision before proceeding to court”). 9 Further, only an insurer’s refusal to pay that is not based on a peer review determination under Section 1797(b) implicates the attorney fee award at issue in this appeal. (6) Court determination in favor of provider or insured. — If, pursuant to paragraph (4), a court determines that medical treatment or rehabilitative services or merchandise were medically necessary, the insurer must pay to the provider the outstanding amount p

11
Speicher v. Toshokgreen
pactcomplallegh · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
1 sentence

2005Another recognized purpose of the rule can be found in Speicher v. Toshok, 63 Pa. D. & C.4th 435, 443 (2003), where it was stated that “the purpose of these rules is to minimize the costs of defense and the time that a licensed professional must devote to the litigation until the plaintiff has been able to secure a certificate of merit.” Under the circumstances of the present case, a delay of a week does little damage to either of these admittedly legitimate goals. ¶ 15 For the above reasons, we conclude that Appellants proffered a reasonable excuse for the failure to file the Rule 1042.3 cert

11
In Re Estate of Damariogreen
pa · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
2 sentences

1984More recently, the Supreme Court of Pennsylvania held that the orphans’ court, exercising its equitable jurisdiction, properly directed reimbursement of defense costs from an inheritance which defendant received after his murder trial. 7 In Re: Estate of Damario, 488 Pa. 434 , 412 A.2d 842 (1980).

1984More recently, the Supreme Court of Pennsylvania held that the orphans’ court, exercising its equitable jurisdiction, properly directed reimbursement of defense costs from an inheritance which defendant received after his murder trial. 7 In Re: Estate of Damario, 488 Pa. 434 , 412 A.2d 842 (1980).

11
M. v. S.green
njsuperctappdiv · 1979 · cited in 1 Pennsylvania opinions naming this issue, 1980–1980
2 sentences

1980Similarly, a New Jersey court recently held in a “quasi-criminal proceeding” that a “public entity bearing the costs of the defense may make a timely application for reimbursement of such costs,” and a court *439 has “inherent power to order reimbursement,” M. v. S., 169 N.J.Super. 209 , 404 A.2d 653, 657 (1979). 4 Directing reimbursement for the expenditure of public funds is not unknown in Pennsylvania jurisprudence.

1980Similarly, a New Jersey court recently held in a “quasi-criminal proceeding” that a “public entity bearing the costs of the defense may make a timely application for reimbursement of such costs,” and a court *439 has “inherent power to order reimbursement,” M. v. S., 169 N.J.Super. 209 , 404 A.2d 653, 657 (1979). 4 Directing reimbursement for the expenditure of public funds is not unknown in Pennsylvania jurisprudence.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (14)

CaseCitedYears
Boeing Vertol Co. v. Workmen's Compensation Appeal Board green
pacommwct · 1987
2 sentences

2003In Boeing Vertol Co. v. Workmen’s Compensation Appeal Board (Coles), 107 Pa.Cmwlth. 388 , 528 A.2d 1020 (1987), this Court recognized that a claimant is entitled to reimbursement for the costs of hearing transcripts which are necessary for presentation of the claimant’s case.

2003In Boeing Vertol Co. v. Workmen’s Compensation Appeal Board (Coles), 107 Pa.Cmwlth. 388 , 528 A.2d 1020 (1987), this Court recognized that a claimant is entitled to reimbursement for the costs of hearing transcripts which are necessary for presentation of the claimant’s case.

31988–2003
Amato v. Mercury Casualty Co. green
calctapp · 1997
2 sentences

2020Further, “[w]here an insured mounts a defense at the insured’s own expense following the insurer’s refusal to defend, the usual contract damages are the costs of the defense.” Id. at 913 .

2020The trial court determined in its prior judgment that “Mercury had no good cause to refuse to defend, and Mercury therefore tortiously breached the covenant of good faith and fair dealing.” Id.

12020–2020
Stanton v. COM., DEPT. OF TRANSP. green
pacommwct · 1993
1 sentence

2017Furthermore, a petitioner “must proceed with reasonable diligence once he knows of the necessity to take action.” Id. at 927 . (2) If the General Counsel or the General Counsel's designee has determined initially that the defendant's conduct was a bad faith exercise of his authority, malicious or outside the scope of his employment, and the defendant ultimately prevails in the civil action, the General Counsel, in his sole discretion, may determine that the Commonwealth will reimburse the defendant for the costs of defense and fees of his private attorney. 12 Moreover, we note that the “mailbo

12017–2017
Erie Insurance Exchange v. Transamerica Insurance green
pa · 1987
2 sentences

1993Erie *44 Insurance Exchange v. Transamerica Insurance Co., 516 Pa. 574 , 533 A.2d 1363 (1987).

1993Erie *44 Insurance Exchange v. Transamerica Insurance Co., 516 Pa. 574 , 533 A.2d 1363 (1987).

11993–1993
Malenfant v. Ruland green
pasuperct · 1980
1 sentence

1990Id.

11990–1990
Gray v. Nationwide Mutual Insurance green
pa · 1966
1 sentence

1987Sexton v. Security Insurance Company of New Haven, 13 D.&C.2d 444, East Coast Equipment Company v. Maryland Casualty Company, 38 D.&C.2d 499, Ripepi v. American Insurance Companies, 349 F.2d 300 , Kelley v. Kass, 154 Pa. Super. 267 , Kelmo Enterprises v. Commercial Union Insurance Company, 426 A.2d 680 ; Gray v. Nationwide Mutual Insurance Company, 422 Pa. 500 .

11987–1987
Tony Ripepi, Individually and Tony Ripepi, Trading and Doing Business as Keystone Music Company v. The American Insurance Companies green
ca3 · 1965
1 sentence

1987Sexton v. Security Insurance Company of New Haven, 13 D.&C.2d 444, East Coast Equipment Company v. Maryland Casualty Company, 38 D.&C.2d 499, Ripepi v. American Insurance Companies, 349 F.2d 300 , Kelley v. Kass, 154 Pa. Super. 267 , Kelmo Enterprises v. Commercial Union Insurance Company, 426 A.2d 680 ; Gray v. Nationwide Mutual Insurance Company, 422 Pa. 500 .

11987–1987
Kelmo Enterprises, Inc. v. Commercial Union Insurance green
pasuperct · 1981
1 sentence

1987Sexton v. Security Insurance Company of New Haven, 13 D.&C.2d 444, East Coast Equipment Company v. Maryland Casualty Company, 38 D.&C.2d 499, Ripepi v. American Insurance Companies, 349 F.2d 300 , Kelley v. Kass, 154 Pa. Super. 267 , Kelmo Enterprises v. Commercial Union Insurance Company, 426 A.2d 680 ; Gray v. Nationwide Mutual Insurance Company, 422 Pa. 500 .

11987–1987
Kelly v. Kass green
pasuperct · 1943
1 sentence

1987Sexton v. Security Insurance Company of New Haven, 13 D.&C.2d 444, East Coast Equipment Company v. Maryland Casualty Company, 38 D.&C.2d 499, Ripepi v. American Insurance Companies, 349 F.2d 300 , Kelley v. Kass, 154 Pa. Super. 267 , Kelmo Enterprises v. Commercial Union Insurance Company, 426 A.2d 680 ; Gray v. Nationwide Mutual Insurance Company, 422 Pa. 500 .

11987–1987
Fuller v. Oregon green
scotus · 1974
2 sentences

1984Oregon could surely decide with objective rationality that when a defendant has been forced to submit to a criminal prosecution that does not end in conviction, he will be freed of any potential liability to reimburse the State for the costs of his defense.” Fuller, 417 U.S. at 50 , 94 S. Ct. at 2123 , 40 L.Ed.2d at 652 .

1984Oregon could surely decide with objective rationality that when a defendant has been forced to submit to a criminal prosecution that does not end in conviction, he will be freed of any potential liability to reimburse the State for the costs of his defense.” Fuller, 417 U.S. at 50 , 94 S. Ct. at 2123 , 40 L.Ed.2d at 652 .

11984–1984
Waits' Estate green
pa · 1939
2 sentences

1980As long ago as Waits Estate, 336 Pa. 151 , 7 A.2d 329 (1939), this Court stated that the common law implies a duty on the part of a recipient of public assistance to make reimbursement if able to do so.

1980As long ago as Waits Estate, 336 Pa. 151 , 7 A.2d 329 (1939), this Court stated that the common law implies a duty on the part of a recipient of public assistance to make reimbursement if able to do so.

11980–1980
Cameron v. Paul neutral
pa · 1849
1 sentence

1939This was in strict accord with the ruling of the Supreme Court in Cameron v. Paul, 11 Pa. 277 , in which it was held that a plaintiff, who, dissatisfied with the judgment of the court below, sued out a writ of error without success, was not entitled to the costs in error.

11939–1939
Snyder's Appeal green
pa · 1867
1 sentence

1924The attorneys’ fee was fixed specifically by the court and the officers’ costs fixed by law. are all set out by specific items on the margin of the record, as printed in the appellants’ paper-book.” In Snyder’s Appeal, 54 Pa. 67 , which was an appeal from the decree of the Orphans’ Court of this county, Mr. Justice Agnew, speaking for the court and referring to the Act of April 27, 1864, P. L. 641, says (at page 69) : “ ‘The costs, in all cases of partition in the Common Pleas or Orphans’ Court of this Commonwealth, with a reasonable allowance to the plaintiff or petitioner for counsel fees, t

11924–1924
Estate of Playford green
pasuperct · 1898
1 sentence

1924In Playford’s Estate, 7 Pa. Superior Ct. 325 , which was an appeal from the Orphans’ Court of Fayette County in the matter of taxing costs in a partition proceeding, Judge Beaver said (at page 328) : “As to the question of adjudication or taxation of the costs the rule relating to the taxation of bills of costs in the court of common pleas does not apply here.

11924–1924

Where else courts name it

CA 93 (1965–2025) IL 34 (1974–2020) NY 32 (1855–2022) NJ 23 (1941–2025) PA 17 (1924–2020) OR 16 (1970–2021) TX 16 (1856–2021) LA 13 (1985–2016) OH 11 (1965–2019) AZ 10 (1972–2012) FL 9 (1979–2018) WI 7 (1989–2018) NH 6 (1852–2023) WA 6 (1997–2019) CO 5 (1988–2026) IA 5 (1935–2024) MD 5 (1981–2023) MI 5 (1966–2009) MA 4 (1983–2017) MN 3 (1979–2009) CT 3 (1990–2003) AK 3 (1976–2014) VT 3 (1880–2019) VA 3 (1995–2016) MT 3 (1991–2009) ND 3 (1981–1982) OK 2 (1998–1998) GA 2 (1986–2016) NM 2 (1993–2009) ID 2 (1984–1992) NC 2 (1992–2001) AL 2 (2007–2011) DE 2 (1982–2004) MO 2 (2010–2019) RI 2 (1995–2010) WY 2 (2000–2002) IN 2 (1980–1991) KS 2 (1979–2003) UT 2 (2008–2009) HI 2 (2009–2014)

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.

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