highly favored doctrine (Indiana) · Go Syfert
← Indiana issues

highly favored doctrine in Indiana

9 Indiana opinions name it 2 courts 2001–2015 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 (2)

CaseFollowedCited
Osterman v. Babergreen
indctapp · 1999 · cited in 6 Indiana opinions naming this issue, 2003–2015
2 sentences

2015Equitable subrogation is “a highly favored doctrine which is to be given a liberal application.” Nally, 820 N.E.2d at 652 (quoting Osterman v. Baber, 714 N.E.2d 735, 738 (Ind. Ct. App. 1999), trans. denied). [25] Perhaps the case occurring most frequently is that in which the payor [i.e., the party asserting a right to equitable subrogation] is actually given a mortgage on the real estate, but in the absence of subrogation it would be subordinate to some intervening interest, such as a junior lien.

2012Equitable subrogation is " 'a highly favored doctrine, which is to be given a liberal application.' " Nally, 820 N.E.2d at 652 (quoting Osterman v. Baber, 714 N.E.2d 735, 738 (Ind.Ct.App.1999), trans. denied ).

56
Bank of New York v. Nallygreen
ind · 2005 · cited in 5 Indiana opinions naming this issue, 2007–2015
2 sentences

2015Equitable subrogation is “a highly favored doctrine which is to be given a liberal application.” Nally, 820 N.E.2d at 652 (quoting Osterman v. Baber, 714 N.E.2d 735, 738 (Ind. Ct. App. 1999), trans. denied). [25] Perhaps the case occurring most frequently is that in which the payor [i.e., the party asserting a right to equitable subrogation] is actually given a mortgage on the real estate, but in the absence of subrogation it would be subordinate to some intervening interest, such as a junior lien.

2012Equitable subrogation is " 'a highly favored doctrine, which is to be given a liberal application.' " Nally, 820 N.E.2d at 652 (quoting Osterman v. Baber, 714 N.E.2d 735, 738 (Ind.Ct.App.1999), trans. denied ).

25

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 (1)

CaseCitedYears
Ticor Title Insurance Co. of California v. Graham green
indctapp · 1991
2 sentences

2001However, while ordinary negli-genee will not bar the application of subrogation, "[the remedy will not be allowed where the party is guilty of culpable negligence." Ticor, supra at 1338 .

2001It is "a highly favored doctrine, which is to be given a liberal interpretation." 73 Am.Jur.2d Subrogation § 7 (1974) (citations omitted). *642 However, while ordinary negligence will not bar the application of subrogation, "[t]he remedy will not be allowed where the party is guilty of culpable negligence." Ticor, supra at 1338 .

22001–2001

Statutes the citing opinions construe

IN § Ind. Code § 32-29-1-11 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IN 9 (2001–2015) CT 6 (1996–2016) MN 2 (2005–2010)

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.

← Caselaw search · G Cite Topics · Brief Check