doctrines waiver (Arkansas) · Go Syfert
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doctrines waiver in Arkansas

8 Arkansas opinions name it 2 courts 1969–2021 1 in the last five years

The cases below were cited by Arkansas 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
Pine Bluff School District v. Ace American Insurance Companygreen
ca8 · 2020 · cited in 1 Arkansas opinions naming this issue, 2021–2021
1 sentence

2021See J- McDaniel Const. Co., 761 F.3d at 919 ; Peoples Protective Life Ins. [v. Smith, 257 Ark. 76, 86 , 514 S.W.2d 400 , 406–07 (1974)]. 8 Pine Bluff, 984 F.3d at 595 (alteration in original).

11
J-McDaniel Construction Co v. Mid-Continent Casualty Companygreen
ca8 · 2014 · cited in 1 Arkansas opinions naming this issue, 2021–2021
1 sentence

2021See J- McDaniel Const. Co., 761 F.3d at 919 ; Peoples Protective Life Ins. [v. Smith, 257 Ark. 76, 86 , 514 S.W.2d 400 , 406–07 (1974)]. 8 Pine Bluff, 984 F.3d at 595 (alteration in original).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
LIFE & CASUALTY INSURANCE CO. OF TENN. v. Nicholson neutral
ark · 1969
2 sentences

1974In Life & Casualty Insurance Company of Tenn. v. Nicholson, 246 Ark. 570 , 439 S.W. 2d 648 , we said: It is well settled in this state that the doctrines of waiver and estoppel, based upon the conduct or action of the insurer, cannot be used to extend the coverage of an insurance policy to a risk not covered by its terms or expressly excluded therefrom.

1974In Life & Casualty Insurance Company of Tenn. v. Nicholson, 246 Ark. 570 , 439 S.W. 2d 648 , we said: It is well settled in this state that the doctrines of waiver and estoppel, based upon the conduct or action of the insurer, cannot be used to extend the coverage of an insurance policy to a risk not covered by its terms or expressly excluded therefrom.

31970–1981
Peoples Protective Life Insurance Co. v. Smith green
ark · 1974
2 sentences

1984It is well settled in this state that the doctrines of waiver and estoppel, based upon the conduct or action of the insurer, cannot be used to extend the coverage of an insurance policy to a risk not covered by its terms or expressly excluded therefrom.” The most recent case in which this doctrine was applied is Peoples Protective Life Ins. v. Smith, 257 Ark. 76 , 514 S.W.2d 400 (1974).

1984It is well settled in this state that the doctrines of waiver and estoppel, based upon the conduct or action of the insurer, cannot be used to extend the coverage of an insurance policy to a risk not covered by its terms or expressly excluded therefrom.” The most recent case in which this doctrine was applied is Peoples Protective Life Ins. v. Smith, 257 Ark. 76 , 514 S.W.2d 400 (1974).

21984–2021
Batesville Insurance & Finance Company v. Butler green
ark · 1970
2 sentences

1974Later, in Batesville Insurance & Finance Company v. Butler, 248 Ark. 776 , 453 S.W. 2d 709 , we made these appropriate remarks: Butler’s second point on cross-appeal is that U.S.F. & G. should be estopped from denying the coverage in question because of the representations of its agent, the Batesville Insurance & Finance Co., Inc. In making this argument, Butler has shown us no reason to overrule our many decisions holding that the doctrines of waiver and estoppel, based upon conduct or action of an insurer, cannot be used to extend coverage of an insurance policy to a risk not covered by its

1974Later, in Batesville Insurance & Finance Company v. Butler, 248 Ark. 776 , 453 S.W. 2d 709 , we made these appropriate remarks: Butler’s second point on cross-appeal is that U.S.F. & G. should be estopped from denying the coverage in question because of the representations of its agent, the Batesville Insurance & Finance Co., Inc. In making this argument, Butler has shown us no reason to overrule our many decisions holding that the doctrines of waiver and estoppel, based upon conduct or action of an insurer, cannot be used to extend coverage of an insurance policy to a risk not covered by its

21974–1981
Metropolitan Life Insurance Co. v. Stagg green
ark · 1949
2 sentences

1974Hartford Fire Insurance Co. v. Smith, 200 Ark. 508 , 139 S.W. 2d 411 ; Metropolitan Life Insurance Company v. Stagg. 215 Ark. 456 , 221 S.W. 2d 29 ; Bankers National Insurance Co. v.Hemby, 217 Ark. 749 , 233 S.W. 2d 637 .

1974Hartford Fire Insurance Co. v. Smith, 200 Ark. 508 , 139 S.W. 2d 411 ; Metropolitan Life Insurance Company v. Stagg. 215 Ark. 456 , 221 S.W. 2d 29 ; Bankers National Insurance Co. v.Hemby, 217 Ark. 749 , 233 S.W. 2d 637 .

21969–1974
Hartford Fire Insurance Company v. Smith green
ark · 1940
2 sentences

1974Hartford Fire Insurance Co. v. Smith, 200 Ark. 508 , 139 S.W. 2d 411 ; Metropolitan Life Insurance Company v. Stagg. 215 Ark. 456 , 221 S.W. 2d 29 ; Bankers National Insurance Co. v.Hemby, 217 Ark. 749 , 233 S.W. 2d 637 .

1974Hartford Fire Insurance Co. v. Smith, 200 Ark. 508 , 139 S.W. 2d 411 ; Metropolitan Life Insurance Company v. Stagg. 215 Ark. 456 , 221 S.W. 2d 29 ; Bankers National Insurance Co. v.Hemby, 217 Ark. 749 , 233 S.W. 2d 637 .

21969–1974
Ark. State Highway Comm. v. Hightower green
ark · 1964
2 sentences

2012Instead, citing Arkansas State Highway Commission v. Hightower, 238 Ark. 569 , 383 S.W.2d 279 (1964), the court found that the doctrines of waiver and estoppel prohibited 40 Retail from challenging the ordinance because it sought and was granted a hardship license |sand because it had received the benefit of the ordinance’s amortization period.

2012Instead, citing Arkansas State Highway Commission v. Hightower, 238 Ark. 569 , 383 S.W.2d 279 (1964), the court found that the doctrines of waiver and estoppel prohibited 40 Retail from challenging the ordinance because it sought and was granted a hardship license |sand because it had received the benefit of the ordinance’s amortization period.

12012–2012
Brown v. Cudis Insurance Society, Inc. neutral
arkctapp · 1984
2 sentences

1991Society, Inc., 11 Ark.

1991Society, Inc., 11 Ark.

11991–1991
Bankers National Insurance v. Hemby green
ark · 1950
2 sentences

1974Hartford Fire Insurance Co. v. Smith, 200 Ark. 508 , 139 S.W. 2d 411 ; Metropolitan Life Insurance Company v. Stagg. 215 Ark. 456 , 221 S.W. 2d 29 ; Bankers National Insurance Co. v.Hemby, 217 Ark. 749 , 233 S.W. 2d 637 .

1974Hartford Fire Insurance Co. v. Smith, 200 Ark. 508 , 139 S.W. 2d 411 ; Metropolitan Life Insurance Company v. Stagg. 215 Ark. 456 , 221 S.W. 2d 29 ; Bankers National Insurance Co. v.Hemby, 217 Ark. 749 , 233 S.W. 2d 637 .

11974–1974

Where else courts name it

CA 54 (1919–2026) IL 51 (1960–2025) IN 29 (1986–2026) TX 21 (1968–2025) NY 19 (1938–2024) CO 18 (1971–2026) OR 14 (1994–2025) FL 14 (1963–2025) MO 14 (1965–2017) OH 12 (1997–2025) WI 11 (1966–2023) MS 11 (1960–2013) NE 11 (1889–2024) NC 9 (1973–2026) AR 8 (1969–2021) GA 8 (1959–2019) AZ 8 (1979–2023) WA 8 (1934–2026) PA 7 (1890–2016) OK 7 (1993–2018) MI 7 (1961–2020) MA 7 (1983–2025) UT 6 (1989–2025) ID 6 (1984–2025) WV 6 (1990–2026) CT 6 (1974–2005) MD 4 (1961–2001) NM 4 (1995–2021) SC 4 (2012–2023) WY 4 (1988–2019) MT 4 (1998–2021) ND 4 (1996–2022) NH 3 (1966–2003) TN 3 (1976–2012) KS 3 (1958–2019) DE 3 (2017–2022) VT 3 (2006–2019) NV 3 (1994–2013) HI 2 (2004–2012)

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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