tender defense (Minnesota) · Go Syfert
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tender defense in Minnesota

11 Minnesota opinions name it 2 courts 1987–2010 0 in the last five years

The cases below were cited by Minnesota 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 (7)

CaseFollowedCited
SCSC Corp. v. Allied Mutual Insurance Co.green
minn · 1995 · cited in 3 Minnesota opinions naming this issue, 1996–2003
2 sentences

2003Id.

2001Co., 563 N.W.2d 724, 739 (Minn.1997) (“[A]n insurer cannot be held responsible for defense costs incurred prior to the tender of the defense request.”); cf. SCSC Corp., 536 N.W.2d at 316 (“[F]ormal tender of a defense request is a condition precedent to the recovery of attorney fees that a party incurs defending claims that a third party is contractually obligated to pay.”).

13
Hill v. Okay Const. Co., Inc.green
minn · 1977 · cited in 2 Minnesota opinions naming this issue, 1995–2002
2 sentences

2002Co., Inc. 312 Minn. 324, 346 , 252 N.W.2d 107, 121 (1977), the supreme court stated that the purpose of the tender rule is to provide the party from whom indemnification is sought the opportunity to handle the defense.

2002Co., Inc. 312 Minn. 324, 346 , 252 N.W.2d 107, 121 (1977), the supreme court stated that the purpose of the tender rule is to provide the party from whom indemnification is sought the opportunity to handle the defense.

12
Domtar, Inc. v. Niagara Fire Insurance Co.green
minn · 1997 · cited in 2 Minnesota opinions naming this issue, 1999–2001
2 sentences

2001Co., 563 N.W.2d 724, 739 (Minn.1997) (“[A]n insurer cannot be held responsible for defense costs incurred prior to the tender of the defense request.”); cf. SCSC Corp., 536 N.W.2d at 316 (“[F]ormal tender of a defense request is a condition precedent to the recovery of attorney fees that a party incurs defending claims that a third party is contractually obligated to pay.”).

1999Domtar, 563 N.W.2d at 740 .

12
Pedro Companies v. Sentry Insurancegreen
minnctapp · 1994 · cited in 1 Minnesota opinions naming this issue, 2002–2002
2 sentences

2002Pedro Cos. v. Sentry Ins., 518 N.W.2d 49, 51 (Minn.App.1994).

2002Pedro Cos. v. Sentry Ins., 518 N.W.2d 49, 51 (Minn.App.1994).

11
Fireman's Fund Ins. Companies v. Ex-Cell-O Corp.green
mied · 1992 · cited in 1 Minnesota opinions naming this issue, 1997–1997
1 sentence

1997Cos., 790 F.Supp. at 1345 (“Had Wausau accepted the tender of defense and retained or appointed counsel to represent the policyholders, we would not today be struggling with a determination over which attorneyL ] fees were reasonable and necessary defense costs.”).

11
Reliance Insurance v. St. Paul Insurance Companiesgreen
minn · 1976 · cited in 1 Minnesota opinions naming this issue, 1996–1996
2 sentences

1996See id., 307 Minn. at 343 , 239 N.W.2d at 925 (holding that 18-month delay between service of complaint and notification of insurer did not defeat liability because the facts had not changed, the investigation would not be more difficult, and the matter had not been reduced to judgment); see also Dairyland Ins.

1996See id., 307 Minn. at 343 , 239 N.W.2d at 925 (holding that 18-month delay between service of complaint and notification of insurer did not defeat liability because the facts had not changed, the investigation would not be more difficult, and the matter had not been reduced to judgment); see also Dairyland Ins.

11
Seifert v. Regents of University of Minnesotagreen
minnctapp · 1993 · cited in 1 Minnesota opinions naming this issue, 1995–1995
2 sentences

1995Seifert v. Regents of the Univ. of Minn., 505 N.W.2d 83, 87 (Minn.App.1993), review denied (Minn. Oct. 28, 1993).

1995Id.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Dixon v. Fiat-Roosevelt Motors, Inc. green
washctapp · 1973
1 sentence

2010Dixon, 509 P.2d at 90-91 .

12010–2010
Jostens, Inc. v. Mission Insurance Co. green
minn · 1986
2 sentences

2002Id. at 166 .

2002Jostens, 387 N.W.2d at 166 .

12002–2002
Sorenson v. Safety Flate, Inc. green
minn · 1975
2 sentences

2002The Hill court cited Sorenson v. Safety Flate, Inc., 306 Minn. 300 , 235 N.W.2d 848 (1975).

2002The Hill court cited Sorenson v. Safety Flate, Inc., 306 Minn. 300 , 235 N.W.2d 848 (1975).

12002–2002
Noon Realty, Inc. v. Aetna Insurance Co. green
minnctapp · 1986
1 sentence

1996Id., 536 N.W.2d at 317 .

11996–1996
Miller v. Shugart green
minn · 1982
1 sentence

1987On June 12,1985, Ross, the City, and the Club entered into a settlement agreement based on Miller v. Shugart, 316 N.W.2d 729 (Minn.1982), providing for entry of judgment in favor of Ross against the City and the Club for $500,000.00 (the amount of Bellefonte’s coverage), recoverable only against Bellefonte.

11987–1987

Where else courts name it

CA 168 (1962–2026) IL 62 (1917–2024) WA 23 (1923–2024) WI 16 (1875–2019) MI 15 (1978–2023) OR 13 (1936–2017) GA 12 (1950–2019) HI 12 (1983–2025) MN 11 (1987–2010) AZ 7 (2004–2019) UT 7 (1989–2024) TX 6 (1919–2018) OH 5 (1910–2020) AK 5 (1976–1993) IN 5 (1985–2017) MD 4 (1972–1984) MO 4 (1986–1999) NE 3 (1891–1996) MT 3 (1944–2009) LA 3 (1931–1986) NY 3 (1919–1947) TN 3 (1883–1991) NJ 2 (2012–2026) CO 2 (1934–1986) NV 2 (1993–2021) ID 2 (1980–1987)

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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