inflexible rule (Indiana) · Go Syfert
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inflexible rule in Indiana

12 Indiana opinions name it 2 courts 1875–2009 0 in the last five years

The cases below were cited by Indiana 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 (5)

CaseFollowedCited
Professional Rental, Inc. v. Shelby Insurancegreen
ohioctapp · 1991 · cited in 2 Indiana opinions naming this issue, 1997–2009
2 sentences

1997“The junction where environmental law meets insurance law is an inappropriate place to erect an inflexible rule requiring the initiation of a *292 traditional lawsuit as a condition precedent to the insurer’s obligation to defend.” Id., 599 N.E.2d at 428 .

1997“The junction where environmental law meets insurance law is an inappropriate place to erect an inflexible rule requiring the initiation of a *292 traditional lawsuit as a condition precedent to the insurer’s obligation to defend.” Id., 599 N.E.2d at 428 .

12
Hartford Accident & Indemnity Co. v. Dana Corp.green
indctapp · 1997 · cited in 1 Indiana opinions naming this issue, 2009–2009
2 sentences

2009The trial court relied on this court's decision in Dana Corp. to find that SFC's voluntary participation in remediating the Indiana site constituted a "suit." 690 N.E.2d at 290, 298 ; Appellants 'App. at 76. ' "The junction where environmental law meets insurance law is an inappropriate place to erect an inflexible rule requiring the initiation of a traditional lawsuit as a condition precedent to the insurer's obligation to defend.'" Dana Corp., 690 N.E.2d at 291 -92 (quoting Professional Rental, Inc. v. Shelby Ins.

2009The trial court relied on this court's decision in Dana Corp. to find that SFC's voluntary participation in remediating the Indiana site constituted a "suit." 690 N.E.2d at 290, 298 ; Appellants 'App. at 76. ' "The junction where environmental law meets insurance law is an inappropriate place to erect an inflexible rule requiring the initiation of a traditional lawsuit as a condition precedent to the insurer's obligation to defend.'" Dana Corp., 690 N.E.2d at 291 -92 (quoting Professional Rental, Inc. v. Shelby Ins.

11
Cox v. Coxgreen
indctapp · 1991 · cited in 1 Indiana opinions naming this issue, 1992–1992
1 sentence

1992See Cox v. Cox (1991), Ind.App., 580 N.E.2d 344 , trans. denied (not abuse of discretion to order non-custodial parent to pay all medical expenses where self-employed parents did not have ready access to health insurance).

11
Cuyler v. Sullivangreen
scotus · 1980 · cited in 1 Indiana opinions naming this issue, 1988–1988
2 sentences

1988See Cuyler v. Sullivan 446 U.S. 335, 348 , 100 S.Ct. 1708, 1718 , 64 L.Ed.2d 333 (1980).

1988See Cuyler v. Sullivan 446 U.S. 335, 348 , 100 S.Ct. 1708, 1718 , 64 L.Ed.2d 333 (1980).

11
In Re Marriage of McManamagreen
ind · 1980 · cited in 1 Indiana opinions naming this issue, 1980–1980
1 sentence

1980See IC 31-1-11.5-11 (pertaining to disposition of property) 5 and see, e. g., In re Marriage of McManama, (1980) Ind., 399 N.E.2d 371 ; and see generally Eppley v. Eppley, (1976) 168 Ind.App. 59, 67 , 341 N.E.2d 212, 218 , where the Court concluded marital property need not be valued at the time of a final hearing, rather than as of the date of separation, since “such an inflexible rule might have drawbacks in that it could encourage parties to secrete, conceal or otherwise divest themselves of certain properties during the period between separation and divorce so as to distort the true nature

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Garrod v. Garrod green
indctapp · 1992
1 sentence

1993Id.

11993–1993
Burger v. Kemp green
scotus · 1987
2 sentences

1989Burger v. Kemp (1987), 483 U.S. 776 , —, 107 S.Ct. 3114, 3120 , 97 L.Ed. 2d 638, 650 .

1989Burger v. Kemp (1987), 483 U.S. 776 , —, 107 S.Ct. 3114, 3120 , 97 L.Ed. 2d 638, 650 .

11989–1989
Franklin v. Franklin green
indctapp · 1976
1 sentence

1981Opposed to the above cases is Franklin v. Franklin, (1976) 169 Ind.App. *669 537, 349 N.E.2d 210 , wherein the court approved a ruling crediting the obligated parent for payments for the few weeks the children were with him.

11981–1981
Eppley v. Eppley green
indctapp · 1976
2 sentences

1980See IC 31-1-11.5-11 (pertaining to disposition of property) 5 and see, e. g., In re Marriage of McManama, (1980) Ind., 399 N.E.2d 371 ; and see generally Eppley v. Eppley, (1976) 168 Ind.App. 59, 67 , 341 N.E.2d 212, 218 , where the Court concluded marital property need not be valued at the time of a final hearing, rather than as of the date of separation, since “such an inflexible rule might have drawbacks in that it could encourage parties to secrete, conceal or otherwise divest themselves of certain properties during the period between separation and divorce so as to distort the true nature

1980See IC 31-1-11.5-11 (pertaining to disposition of property) 5 and see, e. g., In re Marriage of McManama, (1980) Ind., 399 N.E.2d 371 ; and see generally Eppley v. Eppley, (1976) 168 Ind.App. 59, 67 , 341 N.E.2d 212, 218 , where the Court concluded marital property need not be valued at the time of a final hearing, rather than as of the date of separation, since “such an inflexible rule might have drawbacks in that it could encourage parties to secrete, conceal or otherwise divest themselves of certain properties during the period between separation and divorce so as to distort the true nature

11980–1980
Daugherty v. Rogers green
ind · 1889
1 sentence

1914Where there is nothing in the context of a will, from which it is apparent that a testator has used the words in which he has expressed himself in any other than in their strict and primary sense, but his words, so interpreted, are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense, of which, with reference to these circumstances, they are capable.” Wigram, Wills (2d Am. ed.) 55, 56; Daugherty v. Rogers (1889), 119 Ind. 254 , 20 N. E. 4.

11914–1914
Shirk v. Whitten neutral
ind · 1892
1 sentence

1911Shirk v. Whitten, supra. The assignment of the note and mortgage to Cockburn would be evidence tending to show his intention, which is an important fact in determining the question of merger1, but if he was the primary debtor, there is no equity which would keep the charge alive whatever might be his intention or the form of their transfer.

11911–1911
Cox v. Cox green
ind · 1865
1 sentence

1892In the case last named the court, in speaking of a statutory provision similar to ours, said: “ On the other hand, because alimony may, under special circumstances, be decreed to the wife, where the divorce has been granted to the husband for her misconduct, it does not follow that such an order would be warranted where the conduct of the wife, as in the present case, has been grossly improper.” It was also said: “It was manifestly not the intention of the Legislature, in adopting the provisions of the statute above cited, to abrogate the general principles or policy of the law relating to the

11892–1892
Hedrick v. Hedrick neutral
ind · 1867
1 sentence

1892In the case last named the court, in speaking of a statutory provision similar to ours, said: “ On the other hand, because alimony may, under special circumstances, be decreed to the wife, where the divorce has been granted to the husband for her misconduct, it does not follow that such an order would be warranted where the conduct of the wife, as in the present case, has been grossly improper.” It was also said: “It was manifestly not the intention of the Legislature, in adopting the provisions of the statute above cited, to abrogate the general principles or policy of the law relating to the

11892–1892
Knight v. Inhabitants of Freeport green
mass · 1816
1 sentence

1875In Knight v. The Inhabitants of Freeport, 13 Mass. 218 , the court says, what we fully approve, that “we cannot be too strict in guarding trials by jury from improper influence.

11875–1875

Where else courts name it

IL 112 (1869–2025) CA 79 (1864–2025) NY 65 (1872–2023) PA 53 (1841–2015) TX 45 (1904–2025) NC 38 (1886–2021) GA 35 (1909–2018) NJ 34 (1924–2024) MD 33 (1960–2025) MO 31 (1900–2020) MN 29 (1892–2025) FL 26 (1886–2025) OH 25 (1883–2017) MA 24 (1852–2016) LA 22 (1928–2016) MI 20 (1894–2026) AR 20 (1900–2023) CO 18 (1912–2019) TN 18 (1898–2020) VA 18 (1892–2023) WA 17 (1896–2018) OR 17 (1902–2016) AL 17 (1859–2011) MT 17 (1934–2012) VT 17 (1923–2026) KY 14 (1897–2023) WI 13 (1963–2025) DC 12 (1976–2023) IN 12 (1875–2009) MS 11 (1868–2022) WV 11 (1919–2024) IA 11 (1912–2014) SD 11 (1958–2025) DE 10 (1945–2026) NM 10 (1954–2021) ME 10 (1900–2024) KS 9 (1899–2020) CT 9 (1948–2021) SC 8 (1918–1966) HI 8 (1999–2025) ID 8 (1893–2013) AZ 6 (1977–2008) ND 6 (1807–2005) NE 6 (1897–1996) RI 5 (1979–2002) UT 5 (1946–2006) AK 3 (1970–1994) NH 3 (1980–1999) WY 2 (1931–1984) OK 2 (1915–1973)

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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