insured claim (Alabama) · Go Syfert
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insured claim in Alabama

12 Alabama opinions name it 3 courts 1937–2013 0 in the last five years

The cases below were cited by Alabama 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 (2)

CaseFollowedCited
Utica Mutual Insurance v. Travelers Indemnity Co.green
va · 1982 · cited in 1 Alabama opinions naming this issue, 2005–2005
2 sentences

2005Co. , 223 Va. 145 , 147 , 286 S.E.2d 225 , 226 (1982) (holding that there was "nothing in the [automobile liability insurance] Act which mandates that certified policies provide greater protection to the insured than the standard policy. " (Emphasis added.)).

2005Co. , 223 Va. 145 , 147 , 286 S.E.2d 225 , 226 (1982) (holding that there was "nothing in the [automobile liability insurance] Act which mandates that certified policies provide greater protection to the insured than the standard policy. " (Emphasis added.)).

11
Queen Insurance v. Younggreen
· 1888 · cited in 1 Alabama opinions naming this issue, 1943–1943
1 sentence

1943The doctrine of waiver and estoppel, as applied to the law of insurance, arises out of and is rested upon dealings between the insurer and insured in respect to the insurer’s obligation to pay the loss sustained by the insured and that doctrine, stated by this court more than a half century ago is : “If the company, after knowledge of the breach, enters into negotiations or transactions with the assured which recognize and treat the policy as still in force, or induces the assured to incur trouble or expense, it will be regarded as having waived the right to claim the forfeiture.” Queen Insura

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
Alabama Farm Bureau Mutual Insurance Service, Inc. v. Nixon green
ala · 1958
2 sentences

1978Alabama Farm Bureau Mutual Insurance Service v. Nixon, 268 Ala. 271 , 105 So.2d 643 (1958).

1978Alabama Farm Bureau Mutual Insurance Service v. Nixon, 268 Ala. 271 , 105 So.2d 643 (1958).

21978–1978
Liquor Liability Joint Underwriting Ass'n v. Hermitage Insurance green
mass · 1995
2 sentences

2013Co. (1995) 419 Mass. 316 , 644 N.E.2d 964 , 44 A.L.R.5th 787 , the court declared that an assault victim’s claims of negligence against the insured bar ... did not fall within an assault and battery exclusion in that tavern’s insurance policy.

2013Co. (1995) 419 Mass. 316 , 644 N.E.2d 964 , 44 A.L.R.5th 787 , the court declared that an assault victim’s claims of negligence against the insured bar ... did not fall within an assault and battery exclusion in that tavern’s insurance policy.

12013–2013
Williamson v. Indianapolis Life Ins. Co. green
ala · 1999
1 sentence

2001This Court, in Hogan v. State Farm Mutual Automobile Insurance Co., 730 So.2d 1157 (Ala.1998), overruled on other grounds, Williamson v. Indianapolis Life Insurance Co., 741 So.2d 1057 (Ala.1999), held that an insured has a claim against his UM carrier when his claim against the driver of the vehicle in which he is a passenger is defeated by the operation of the guest statute (§ 32-1-2, Ala.Code 1975).

12001–2001
Hogan v. State Farm Mut. Auto. Ins. Co. green
ala · 1998
1 sentence

2001This Court, in Hogan v. State Farm Mutual Automobile Insurance Co., 730 So.2d 1157 (Ala.1998), overruled on other grounds, Williamson v. Indianapolis Life Insurance Co., 741 So.2d 1057 (Ala.1999), held that an insured has a claim against his UM carrier when his claim against the driver of the vehicle in which he is a passenger is defeated by the operation of the guest statute (§ 32-1-2, Ala.Code 1975).

12001–2001
INTERNATIONAL UNDERWRITERS v. Liao green
ala · 1989
1 sentence

1990If the one responsible has paid the full extent of the loss, the insured should not claim both sums, and the insurer may then assert its claim to subrogation.' (Emphasis added [in Liao ].) [Footnote omitted.] "We recognize that, while the doctrine of subrogation is of purely equitable origin and nature, it may be modified by contract." 548 So.2d at 164-66 .

11990–1990
US Fidelity & Guar. Co. v. Armstrong green
ala · 1985
1 sentence

1987The rules regarding an insurer's duty to defend are set out in United States Fidelity Guaranty Co. v. Armstrong , 479 So.2d 1164 , 1167 (Ala. 1985), as follows: "Whether an insurance company owes a duty to provide an insured with a defense to proceedings instituted against him must be determined primarily from the allegations of the complaint.

11987–1987
cluster 302916 green
ca5 · 1972
1 sentence

1977Bandy v. Avondale Shipyards, Inc., 458 F.2d 900 (5th Cir. 1972).

11977–1977
Ruth Vick O'Brien v. Thelma Rosedith Todgham Vick Elder, and United States of America green
ca5 · 1958
1 sentence

1969Paragraph 7 of that separation agreement read: “That upon the performance of all the conditions contained in this stipulation, neither party hereto shall have any claim on the other party of any kind whatsoever including that for alimony.” (Emphasis supplied) We quote from the majority opinion in O’Brien v. Elder, supra: “ * * * The beneficiary’s interest though only an expectancy is therefore derived from the insured and is a claim subsumed under the release in this agreement by the wife of ‘any claim [against the husband] * * * of any kind whatsoever.’ Where the right to change the beneficia

11969–1969
Pryor v. Gowan neutral
ala · 1920
2 sentences

1960The case of Pryor v. Gowan, 204 Ala. 257 , 85 So. 370 , referred to by the trial court where the consideration for the first premium was the agreement’to convey two lots to the agent, less $60 to be repaid to insured is entirely different as to facts from the case at bar, and has no application here.

1960The case of Pryor v. Gowan, 204 Ala. 257 , 85 So. 370 , referred to by the trial court where the consideration for the first premium was the agreement’to convey two lots to the agent, less $60 to be repaid to insured is entirely different as to facts from the case at bar, and has no application here.

11960–1960
Williams v. Branning Manufacturing Co. green
nc · 1910
2 sentences

1937Co., 153 N.C. 7 , 68 S.E. 902 , 31 L.R.A.(N.S.) 679, 138 Am.St.Rep. 637 , note 648, 21 Ann.Cas. 954, citing the authorities: 2 R.C.L. § 17, page 370; 3 Cyc. 613 (111).” It would follow, therefore, from the principles of law above announced, that if the insured has wrongfully prevented an award from being made and published, or that he has withdrawn from the arbitration and brought suit on the policy, before securing an award on the arbitration, without any fault on the part of the insurer, such action or actions on the part of the insured would be a bar to the action at law brought by the insu

1937Co., 153 N.C. 7 , 68 S.E. 902 , 31 L.R.A.(N.S.) 679, 138 Am.St.Rep. 637 , note 648, 21 Ann.Cas. 954, citing the authorities: 2 R.C.L. § 17, page 370; 3 Cyc. 613 (111).” It would follow, therefore, from the principles of law above announced, that if the insured has wrongfully prevented an award from being made and published, or that he has withdrawn from the arbitration and brought suit on the policy, before securing an award on the arbitration, without any fault on the part of the insurer, such action or actions on the part of the insured would be a bar to the action at law brought by the insu

11937–1937

Where else courts name it

CA 74 (1932–2024) IL 42 (1924–2024) NY 35 (1916–2025) PA 35 (1916–2020) NJ 30 (1955–2025) TX 25 (1918–2020) LA 23 (1841–2016) FL 20 (1929–2024) OH 20 (1942–2023) MO 19 (1912–2023) MN 19 (1965–2018) MI 17 (1969–2025) GA 15 (1968–2022) HI 14 (1923–2023) WV 13 (1963–2017) AL 12 (1937–2013) WI 11 (1934–2014) MA 10 (1965–2023) VA 10 (1936–2010) DE 9 (1989–2026) OK 9 (1924–2013) OR 8 (1928–2025) KS 8 (1925–2002) WA 8 (1936–2022) NC 7 (1950–2017) AK 7 (1979–2014) IA 7 (1943–2017) KY 6 (1911–2003) VT 5 (1935–2011) MD 5 (1955–2023) MS 5 (1940–2023) ME 5 (1979–2023) IN 5 (1882–2007) CT 5 (1968–2022) CO 4 (1992–2026) UT 4 (1997–2018) MT 4 (1974–2021) NM 3 (1999–2007) TN 3 (1935–1988) ND 3 (1986–2009) AR 3 (1930–1960) SC 3 (1957–2010) ID 2 (1984–2008) DC 2 (2011–2014) RI 2 (1999–2013) SD 2 (1967–2005)

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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