unpaid claim (Texas) · Go Syfert
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unpaid claim in Texas

7 Texas opinions name it 1 courts 1924–2020 0 in the last five years

The cases below were cited by Texas 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 (1)

CaseFollowedCited
Wesco Distribution, Inc. v. Westport Group, Inc.green
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Wesco Distrib., 150 S.W.3d at 558 ; Balli, 558 S.W.2d at 518-19 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
McFarland v. Shaw green
texcommnapp · 1932
2 sentences

1977The Commission of Appeals of Texas in McFarland v. Shaw, 45 S.W.2d 193 (Tex. Com.App.1932, holding approved) in construing a statute substantially the same as our present § 37, supra, said in part 45 S.W.2d at page 198 : Our Supreme Court has established a well-settled rule that heirs, devisees or legatees who receive property belonging to an estate, against which an unpaid claim exists, do not thereby become personally liable to the claimant for the value of the property so received; the remedy being to enforce the statutory lien against the property in their hands.

1977The Commission of Appeals of Texas in McFarland v. Shaw, 45 S.W.2d 193 (Tex. Com.App.1932, holding approved) in construing a statute substantially the same as our present § 37, supra, said in part 45 S.W.2d at page 198 : Our Supreme Court has established a well-settled rule that heirs, devisees or legatees who receive property belonging to an estate, against which an unpaid claim exists, do not thereby become personally liable to the claimant for the value of the property so received; the remedy being to enforce the statutory lien against the property in their hands.

21953–1977
Sikes v. Zuloaga green
texapp · 1992
1 sentence

2020Id. iii.

12020–2020
In Re Medina green
txwb · 2009
1 sentence

2016See id. §§ 53.083(b), 53.084(b); Medina, 413 B.R. at 592 .

12016–2016
Texas Construction Associates, Inc. v. Balli green
texapp · 1977
1 sentence

2015See Wesco Distrib., 150 S.W.3d at 558 ; Balli, 558 S.W.2d at 518-19 .

12015–2015
WMC v. Wiga green
wyo · 2010
2 sentences

2015Ass’n, 225 P.3d 1061 (2010) 2010 WY 21 .... (c) Notwithstanding subsection (a) of this section, the association: .... (iv) Is not obligated to pay a claimant an amount in excess of the obligation of the insolvent insurer under the policy or coverage from which the claim arises. [¶ 22] Section 26–31–103(a)(ii) defines a “covered claim” for purposes of the Act as follows: (ii) “Covered claim” means an unpaid claim which arises out of and is within the coverage and does not exceed the applicable limits of an insurance policy to which this chapter applies issued by an insurer, if the insurer is an

2015Ass’n, 225 P.3d 1061 (2010) 2010 WY 21 .... (c) Notwithstanding subsection (a) of this section, the association: .... (iv) Is not obligated to pay a claimant an amount in excess of the obligation of the insolvent insurer under the policy or coverage from which the claim arises. [¶ 22] Section 26–31–103(a)(ii) defines a “covered claim” for purposes of the Act as follows: (ii) “Covered claim” means an unpaid claim which arises out of and is within the coverage and does not exceed the applicable limits of an insurance policy to which this chapter applies issued by an insurer, if the insurer is an

12015–2015
Mosher Mfg. Co. v. Equitable Surety Co. green
texcommnapp · 1921
1 sentence

1924App.) 229 S. W. 318 , be an exception, the holding of the Supreme Court, as well as the Courts of Civil Appeals of this state, are uniform that bonds of this character, and embracing similar terms as the one under inquiry, are indemnity bonds only, and executed for the sole benefit of the owner, and that neither a materialman nor -a laborer can maintain a suit on same to recover an unpaid claim.

11924–1924

Where else courts name it

FL 10 (1980–2026) LA 9 (1980–2019) TX 7 (1924–2020) PA 6 (1983–2007) AZ 4 (1975–1999) RI 4 (1973–1999) MA 3 (2002–2010) VT 3 (1988–2006) MO 3 (1978–1997) IN 3 (1882–1961) OH 3 (2002–2012) OR 3 (1965–2017) WA 2 (2004–2004) CT 2 (2002–2006) MI 2 (1937–2018) NJ 2 (2005–2008) CA 2 (1999–2000) AL 2 (1987–2003) NY 2 (1961–1965) DC 2 (1989–1997) MN 2 (1942–2014) CO 2 (2016–2016)

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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