loss defense (Indiana) · Go Syfert
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loss defense in Indiana

11 Indiana opinions name it 2 courts 1882–2024 1 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
Soley v. VanKeppelgreen
indctapp · 1995 · cited in 2 Indiana opinions naming this issue, 1997–2006
2 sentences

2006However, "loss of the statute of limitations defense is not the loss of a defense on the merits as contemplated by T.R. 15(C)." Soley v. VanKeppel, 656 N.E.2d 508, 511 (Ind.Ct.App.1995).

2006However, "loss of the statute of limitations defense is not the loss of a defense on the merits as contemplated by TR. 15(C)." Soley v. VanKeppel, 656 N.E.2d 508, 511 (Ind.Ct.App.1995).

22
Aznel v. Gassogreen
illappct · 1987 · cited in 1 Indiana opinions naming this issue, 2024–2024
1 sentence

2024See id.

11
Donald Urrutia v. Harrisburg County Police Dept. Sean McCormack Asst. D.A. Denis Thomason, Donald Urrutiagreen
ca3 · 1996 · cited in 1 Indiana opinions naming this issue, 2006–2006
2 sentences

2006Rather, "demonstrating prejudice requires the party seeking dismissal of the amended complaint to show that it was unfairly denied the opportunity to present facts or evidence which it would have presented had the amendments been timely." Urrutia v. Harrisburg County Police Dept., 91 F.3d 451, 461 (3d Cir.1996).

2006Rather, "demonstrating prejudice requires the party seeking dismissal of the amended complaint to show that it was unfairly denied the opportunity to present facts or evidence which it would have presented had the amendments been timely." Urrutia v. Harrisburg County Police Dept., 91 F.3d 451, 461 (3d Cir.1996).

11
Simmons v. State Farm &C. Ins. Co.green
gactapp · 1965 · cited in 1 Indiana opinions naming this issue, 2004–2004
1 sentence

2004Co., 111 Ga.App. 738 , 143 S.E.2d 55, 57 (1965), which noted the insurer's options for paying for the loss under the clause, but also noted that "no matter which alternative is chosen, the market value of the property ... after payment must equal the market value before the loss." Subsequently, in State Farm Mut.

11
Munday v. Brissettegreen
gactapp · 1966 · cited in 1 Indiana opinions naming this issue, 2004–2004
1 sentence

2004Co., 111 Ga.App. 788 , 148 S.E.2d 55, 57 (1965), which noted the insurer's options for paying for the loss under the clause, but also noted that "no matter which alternative is chosen, the market value of the property ... after payment must equal the market value before the loss." Subsequently, in State Farm Mut.

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 (8)

CaseCitedYears
Beals v. Guernsey neutral
· 1811
2 sentences

1986Beals v. Guernsey, 8 Johns. 446 (5 Am.Dec. 348); Kennedy v. Whitwell, 4 Pick. 466 ; Cooley Torts, page 457, and authorities cited.

1882Beals v. Guernsey, 8 Johns. 446 (5 Am.

21882–1986
Simmons v. State Farm Mutual Automobile Insurance green
gactapp · 1965
1 sentence

2004Co., 111 Ga.App. 738 , 143 S.E.2d 55, 57 (1965), which noted the insurer's options for paying for the loss under the clause, but also noted that "no matter which alternative is chosen, the market value of the property ... after payment must equal the market value before the loss." Subsequently, in State Farm Mut.

12004–2004
Clark v. United States green
scotus · 1933
1 sentence

2000The attorney may be innocent, and still the guilty client must' let the- truth come out.” Clark, 289 U.S. at 15 , 53 S.Ct: at 469-70 (citations omitted).

12000–2000
Smith v. McFerron green
indctapp · 1989
1 sentence

1995Smith v. McFerron (1989) Ind.App., 540 N.E.2d 1273, 1275 .

11995–1995
Benke v. Barbour green
indctapp · 1983
1 sentence

1989Loss of the Statute of Limitations defense would not be a loss of a defense "on the merits" that T.R. 15(C) discusses. "[The policy of [T.R. 15(C) ] is to facilitate decisions on the merits." Benke v. Barbour (1983), Ind.App., 450 N.E.2d 556, 558 .

11989–1989
Livingston v. Consolidated City of Indianapolis green
indctapp · 1979
2 sentences

1980In Livingston, supra, the court held that the loss in a claim for false arrest or false imprisonment occurs upon the date of the arrest.

1980In Livingston, supra, the court held that the loss in a claim for false arrest or false imprisonment occurs upon the date of the arrest.

11980–1980
Fish v. Prudential Insurance Co. of America green
ind · 1947
2 sentences

1952Co. (1947), 225 Ind. 448 , 75 N. E. 2d 57 , supra. We fail to find special circumstances iii the Ransbottom case, supra, (217 Ind. *415 452, 28 N. E. 2d 78 ) to give equity jurisdiction to cancel; therefore, we believe its holding that the insurer was entitled to a decree of cancellation was error.

1952Co. (1947), 225 Ind. 448 , 75 N. E. 2d 57 , supra. We fail to find special circumstances iii the Ransbottom case, supra, (217 Ind. *415 452, 28 N. E. 2d 78 ) to give equity jurisdiction to cancel; therefore, we believe its holding that the insurer was entitled to a decree of cancellation was error.

11952–1952
National Life & Accident Insurance v. Ransbottom green
ind · 1940
1 sentence

1952Co. (1947), 225 Ind. 448 , 75 N. E. 2d 57 , supra. We fail to find special circumstances iii the Ransbottom case, supra, (217 Ind. *415 452, 28 N. E. 2d 78 ) to give equity jurisdiction to cancel; therefore, we believe its holding that the insurer was entitled to a decree of cancellation was error.

11952–1952

Where else courts name it

TX 75 (1878–2025) PA 62 (1901–2022) CA 50 (1864–2025) OK 50 (1922–2020) NY 28 (1852–2024) IL 28 (1890–2026) WV 22 (1892–2024) TN 16 (1950–2024) LA 14 (1919–2015) MA 12 (1975–2026) AZ 12 (1951–2021) NM 12 (1970–2022) IN 11 (1882–2024) GA 11 (1925–2020) FL 10 (1929–2024) MI 9 (1973–2025) OH 8 (1991–2025) MD 7 (1985–2023) NJ 7 (1951–2008) UT 6 (1989–2024) WI 6 (1948–2022) IA 6 (1896–2017) KS 6 (1970–2011) WA 6 (1953–2025) MO 6 (1892–2024) CT 5 (1870–2017) AL 5 (1875–1995) NC 5 (1986–2017) NH 4 (1978–1995) OR 4 (1987–2017) HI 3 (1916–2003) DC 3 (1986–2021) MS 3 (1991–2005) NE 3 (1895–1945) MN 3 (1908–1997) MT 3 (1923–1989) RI 3 (1970–2001) DE 2 (1972–2021) SC 2 (1950–1969) ME 2 (1984–2009) WY 2 (1985–2020) CO 2 (1982–2004)

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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