11 Ohio opinions name it 2 courts 1942–2021 1 in the last five years
The cases below were cited by Ohio 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.
| Case | Followed | Cited |
|---|---|---|
Luntz v. Sterngreen2 sentences1951This court, in Luntz et al., Exrs., v. Stern, 135 Ohio St., 225 , 20 N. E. (2d), 241, involving the question whether an insured had breached the cooperation clause of an insurance contract under which he claimed coverage, said: “When the facts presented in a case are undisputed, whether they constitute a performance or a breach of a written contract, is a question of law for the court. ’ ’ The defendants claim further that the court in the instant case erred in admitting in evidence, at the instance of Travelers, Cochrane’s written statement as to the facts and circumstances of the collision a 1942The policy of insurance upon which the plaintiff relies for recovery from The Medical Protective Company contained the following clause: “The holder hereof shall not make or contract any expense in a claim or suit hereunder nor make or contract any settlement thereof, except at his own cost, without the written authorization of the company; and will attend, assist and cooperate in the preparation and trial of any claim or suit against him without charge to the company.” The effect of the failure of an insured to comply with the requirement of a cooperation clause contained in a policy of indem | 1 | 5 |
Boone v. Lowrygreen2 sentences1998Cf. Boone v. Lowry (1983), 8 Kan.App.2d 293, 302 , 657 P.2d 64, 72 (requiring the insurer to show “at the very least that if the cooperation clause had not been breached there was a substantial likelihood that the trier of fact, in an action against the insured, would have found in the insured’s favor”). 1998Cf. Boone v. Lowry (1983), 8 Kan.App.2d 293, 302 , 657 P.2d 64, 72 (requiring the insurer to show “at the very least that if the cooperation clause had not been breached there was a substantial likelihood that the trier of fact, in an action against the insured, would have found in the insured’s favor”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Harris
neutral
2 sentences2021I(11)(D)(3). {¶ 20} We have previously explained that “[e]ven one incomplete answer can lead to the disapproval of an admission application if the applicant does not fully and honestly explain when the opportunity arises,” In re Application of Bagne, 102 Ohio St.3d 182 , 2004-Ohio-2070 , 808 N.E.2d 372 , ¶ 23, and that “avoid[ing] or shad[ing] the truth during the character and fitness proceedings” constitutes a false statement or an omission, In re Application of Howard, 111 Ohio St.3d 220 , 2006-Ohio-5486 , 855 N.E.2d 865, ¶ 9 . {¶ 21} In addition, “[t]he importance of an applicant’s coopera 2017A hearing to determine character and fitness should be more of a mutual inquiry for the purpose of acquainting this court with the applicant’s innermost feelings and personal views on those aspects of morality, attention to duty, forthrightness and self-restraint which are usually associated with the accepted definition of ‘good moral character.’ Such a view commands the utmost in cooperation between the applicant and the board, and leaves little room for the employment of doctrines which work to keep relevant information from the board.” (Emphasis added in Corrigan.) Id. at 34 , quoting In re | 3 | 2004–2021 |
In re Davis
green
2 sentences2017A hearing to determine character and fitness should be more of a mutual inquiry for the purpose of acquainting this court with the applicant’s innermost feelings and personal views on those aspects of morality, attention to duty, forthrightness and self-restraint which are usually associated with the accepted definition of ‘good moral character.’ Such a view commands the utmost in cooperation between the applicant and the board, and leaves little room for the employment of doctrines which work to keep relevant information from the board.” (Emphasis added in Corrigan.) Id. at 34 , quoting In re 2017A hearing to determine character and fitness should be more of a mutual inquiry for the purpose of acquainting this court with the applicant’s innermost feelings and personal views on those aspects of morality, attention to duty, forthrightness and self-restraint which are usually associated with the accepted definition of ‘good moral character.’ Such a view commands the utmost in cooperation between the applicant and the board, and leaves little room for the employment of doctrines which work to keep relevant information from the board.” (Emphasis added in Corrigan.) Id. at 34 , quoting In re | 2 | 2004–2017 |
Conold v. Stern
green
2 sentences1998Conold v. Stern (1941), 138 Ohio St. 352, 359 , 20 O.O. 449, 452-453 , 35 N.E.2d 133 , 137-138. 1942The policy of insurance upon which the plaintiff relies for recovery from The Medical Protective Company contained the following clause: “The holder hereof shall not make or contract any expense in a claim or suit hereunder nor make or contract any settlement thereof, except at his own cost, without the written authorization of the company; and will attend, assist and cooperate in the preparation and trial of any claim or suit against him without charge to the company.” The effect of the failure of an insured to comply with the requirement of a cooperation clause contained in a policy of indem | 2 | 1942–1998 |
In re Bagne
green
1 sentence2021I(11)(D)(3). {¶ 20} We have previously explained that “[e]ven one incomplete answer can lead to the disapproval of an admission application if the applicant does not fully and honestly explain when the opportunity arises,” In re Application of Bagne, 102 Ohio St.3d 182 , 2004-Ohio-2070 , 808 N.E.2d 372 , ¶ 23, and that “avoid[ing] or shad[ing] the truth during the character and fitness proceedings” constitutes a false statement or an omission, In re Application of Howard, 111 Ohio St.3d 220 , 2006-Ohio-5486 , 855 N.E.2d 865, ¶ 9 . {¶ 21} In addition, “[t]he importance of an applicant’s coopera | 1 | 2021–2021 |
In re Howard
green
2 sentences2021I(11)(D)(3). {¶ 20} We have previously explained that “[e]ven one incomplete answer can lead to the disapproval of an admission application if the applicant does not fully and honestly explain when the opportunity arises,” In re Application of Bagne, 102 Ohio St.3d 182 , 2004-Ohio-2070 , 808 N.E.2d 372 , ¶ 23, and that “avoid[ing] or shad[ing] the truth during the character and fitness proceedings” constitutes a false statement or an omission, In re Application of Howard, 111 Ohio St.3d 220 , 2006-Ohio-5486 , 855 N.E.2d 865, ¶ 9 . {¶ 21} In addition, “[t]he importance of an applicant’s coopera 2021I(11)(D)(3). {¶ 20} We have previously explained that “[e]ven one incomplete answer can lead to the disapproval of an admission application if the applicant does not fully and honestly explain when the opportunity arises,” In re Application of Bagne, 102 Ohio St.3d 182 , 2004-Ohio-2070 , 808 N.E.2d 372 , ¶ 23, and that “avoid[ing] or shad[ing] the truth during the character and fitness proceedings” constitutes a false statement or an omission, In re Application of Howard, 111 Ohio St.3d 220 , 2006-Ohio-5486 , 855 N.E.2d 865, ¶ 9 . {¶ 21} In addition, “[t]he importance of an applicant’s coopera | 1 | 2021–2021 |
In re Corrigan
green
1 sentence2017A hearing to determine character and fitness should be more of a mutual inquiry for the purpose of acquainting this court with the applicant’s innermost feelings and personal views on those aspects of morality, attention to duty, forthrightness and self-restraint which are usually associated with the accepted definition of ‘good moral character.’ Such a view commands the utmost in cooperation between the applicant and the board, and leaves little room for the employment of doctrines which work to keep relevant information from the board.” (Emphasis added in Corrigan.) Id. at 34 , quoting In re | 1 | 2017–2017 |
Johnston v. University Mednet
green
2 sentences2017We therefore have “disapproved bar applications in which applicants failed to disclose requested information in a forthright and complete manner.” In re Dabney, 107 Ohio St.3d 40 , 2005-Ohio- 5834, 836 N.E.2d 573 , ¶ 14, citing In re Application of Williams, 95 Ohio St.3d 14 January Term, 2017 107, 766 N.E.2d 143 (2002), and In re Application of Ireland-Phillips, 71 Ohio St.3d 609 , 646 N.E.2d 453 (1995). 2017We therefore have “disapproved bar applications in which applicants failed to disclose requested information in a forthright and complete manner.” In re Dabney, 107 Ohio St.3d 40 , 2005-Ohio- 5834, 836 N.E.2d 573 , ¶ 14, citing In re Application of Williams, 95 Ohio St.3d 107 , 766 N.E.2d 143 (2002), and In re Application of Ireland-Phillips, 71 Ohio St.3d 609 , 646 N.E.2d 453 (1995). | 1 | 2017–2017 |
In re Ireland-Phillips
green
2 sentences2017We therefore have “disapproved bar applications in which applicants failed to disclose requested information in a forthright and complete manner.” In re Dabney, 107 Ohio St.3d 40 , 2005-Ohio- 5834, 836 N.E.2d 573 , ¶ 14, citing In re Application of Williams, 95 Ohio St.3d 14 January Term, 2017 107, 766 N.E.2d 143 (2002), and In re Application of Ireland-Phillips, 71 Ohio St.3d 609 , 646 N.E.2d 453 (1995). 2017We therefore have “disapproved bar applications in which applicants failed to disclose requested information in a forthright and complete manner.” In re Dabney, 107 Ohio St.3d 40 , 2005-Ohio- 5834, 836 N.E.2d 573 , ¶ 14, citing In re Application of Williams, 95 Ohio St.3d 107 , 766 N.E.2d 143 (2002), and In re Application of Ireland-Phillips, 71 Ohio St.3d 609 , 646 N.E.2d 453 (1995). | 1 | 2017–2017 |
In re Application of Williams
green
2 sentences2017We therefore have “disapproved bar applications in which applicants failed to disclose requested information in a forthright and complete manner.” In re Dabney, 107 Ohio St.3d 40 , 2005-Ohio- 5834, 836 N.E.2d 573 , ¶ 14, citing In re Application of Williams, 95 Ohio St.3d 14 January Term, 2017 107, 766 N.E.2d 143 (2002), and In re Application of Ireland-Phillips, 71 Ohio St.3d 609 , 646 N.E.2d 453 (1995). 2017We therefore have “disapproved bar applications in which applicants failed to disclose requested information in a forthright and complete manner.” In re Dabney, 107 Ohio St.3d 40 , 2005-Ohio- 5834, 836 N.E.2d 573 , ¶ 14, citing In re Application of Williams, 95 Ohio St.3d 107 , 766 N.E.2d 143 (2002), and In re Application of Ireland-Phillips, 71 Ohio St.3d 609 , 646 N.E.2d 453 (1995). | 1 | 2017–2017 |
In re Dabney
neutral
2 sentences2017We therefore have “disapproved bar applications in which applicants failed to disclose requested information in a forthright and complete manner.” In re Dabney, 107 Ohio St.3d 40 , 2005-Ohio- 5834, 836 N.E.2d 573 , ¶ 14, citing In re Application of Williams, 95 Ohio St.3d 14 January Term, 2017 107, 766 N.E.2d 143 (2002), and In re Application of Ireland-Phillips, 71 Ohio St.3d 609 , 646 N.E.2d 453 (1995). 2017We therefore have “disapproved bar applications in which applicants failed to disclose requested information in a forthright and complete manner.” In re Dabney, 107 Ohio St.3d 40 , 2005-Ohio- 5834, 836 N.E.2d 573 , ¶ 14, citing In re Application of Williams, 95 Ohio St.3d 107 , 766 N.E.2d 143 (2002), and In re Application of Ireland-Phillips, 71 Ohio St.3d 609 , 646 N.E.2d 453 (1995). | 1 | 2017–2017 |
Ward v. Custom Glass & Frame, Inc.
green
1 sentence2002From this, appellant concludes that appellant incurred a coverable loss under the homeowner's insurance policy, and any perceived or real transgression of the cooperation clause was not material, not substantial, and not prejudicial. {¶ 29} "The purpose for paying premiums of insurance coverage is to buy peace of mind so that when accidents occur, the insured can trust that his insurance company will not renege on its agreement." Ward v. Custom Glass Frame, Inc. (1995), 105 Ohio App.3d 131 , 137 . | 1 | 2002–2002 |
Gabor v. State Farm Mut. Auto. Ins. Co.
green
1 sentence1999"Whether an insured has violated the cooperation clause of his policy is a question to be determined in view of the facts and circumstances in each case." Id. at 144 . | 1 | 1999–1999 |
Erie Insurance Group v. Fisher
green
2 sentences1998“It was further held [in Cochrane] to be the province of the court to ascertain the facts necessary to construe the contract and determine the obligations of the insurer.” Erie, 15 Ohio St.3d at 382 , 15 OBR at 499, 474 N.E.2d at 322 . 1998“It was further held [in Cochrane] to be the province of the court to ascertain the facts necessary to construe the contract and determine the obligations of the insurer.” Erie, 15 Ohio St.3d at 382 , 15 OBR at 499, 474 N.E.2d at 322 . | 1 | 1998–1998 |
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.