lawful claim (Virginia) · Go Syfert
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lawful claim in Virginia

12 Virginia opinions name it 5 courts 1910–2024 5 in the last five years

The cases below were cited by Virginia 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 (5)

CaseFollowedCited
Yellow Freight Systems, Inc. v. Courtaulds Performance Films, Inc.green
va · 2003 · cited in 3 Virginia opinions naming this issue, 2009–2020
2 sentences

2020ANALYSIS “Subrogation is, in its simplest terms, the substitution of one party in the place of another with reference to a lawful claim, demand, or right so that the party that is substituted succeeds to 4 the rights of the other.” Yellow Freight Sys., Inc. v. Courtaulds Performance Films, Inc., 266 Va. 57, 64 (2003).

2012The title insurance policies in this case provided that "[w]henever [FATIC] shall have settled and paid a claim under this policy, all right of subrogation shall vest in [FATIC, which] shall be subrogated to and . . . entitled to all rights [and] remedies which [SunTrust] would have had against any person or property in respect to the claim had this policy not been issued." The title insurance policies further provide that FATIC has a "right of subrogation against non-insured obligors," including "the rights of [SunTrust] to indemnities, guaranties, [and] other policies of [i]nsurance or bonds

33
Reynolds Metals Co. v. Smithgreen
va · 1978 · cited in 4 Virginia opinions naming this issue, 1999–2022
2 sentences

2022Subrogation refers to “[t]he substitution of one person in the place of another with reference to a lawful claim, demand or right . . . so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities,” Reynolds Metals Co. v. Smith, 218 Va. 881, 883 (1978) (quoting Black’s Law Dictionary 1595 (rev. 4th ed.1968)), and “the substitution of one for another as a creditor so that the new creditor succeeds to the former’s rights in law and equity.” Id. (quoting Webster’s Third New International Dictionary 2278 (1969)).

2022Subrogation refers to “[t]he substitution of one person in the place of another with reference to a lawful claim, demand or right . . . so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities,” Reynolds Metals Co. v. Smith, 218 Va. 881, 883 (1978) (quoting Black’s Law Dictionary 1595 (rev. 4th ed.1968)), and “the substitution of one for another as a creditor so that the new creditor succeeds to the former’s rights in law and equity.” Id. (quoting Webster’s Third New International Dictionary 2278 (1969)).

24
Llewellyn v. Whitegreen
va · 2019 · cited in 4 Virginia opinions naming this issue, 2023–2024
2 sentences

2024See Code § 17.1-413(A). 1 “Subrogation is merely the ‘substitution of one person in the place of another with reference to a lawful claim, demand or right so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities.’” Brown v. Kirkpatrick, 78 Va. App. 1 , 5 (2023) (quoting Llewellyn v. White, 297 Va. 588 , 599 (2019)).

2023“Subrogation is merely the ‘substitution of one person in the place of another with reference to a lawful claim, demand or right so that he who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or securities.’” Llewellyn v. White, 297 Va. 588 , 599 (2019) (quoting Subrogation, Black’s Law Dictionary (4th ed. 1957)).

14
Peerless Ins. Co. v. County of Fairfaxgreen
va · 2007 · cited in 1 Virginia opinions naming this issue, 2022–2022
1 sentence

2022In Peerless Insurance Co. v. County of Fairfax, this Court succinctly applied this definition, reasoning that where a subrogee steps into the shoes of a principal, it “can have no greater rights than [the principal].” 274 Va. 236, 247 (2007).

11
Centreville Car Care, Inc. v. North American Mortgage Co.green
va · 2002 · cited in 1 Virginia opinions naming this issue, 2003–2003
2 sentences

2003See, e.g., Centreville Car Care, Inc. v. North American Mortgage Co., 263 Va. 339, 345 , 559 S.E.2d 870, 872 (2002); Reynolds Metals Co. v. Smith, 218 Va. 881, 883 , 241 S.E.2d 794, 796 (1978).

2003See, e.g., Centreville Car Care, Inc. v. North American Mortgage Co., 263 Va. 339, 345 , 559 S.E.2d 870, 872 (2002); Reynolds Metals Co. v. Smith, 218 Va. 881, 883 , 241 S.E.2d 794, 796 (1978).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Lindsay v. Murphy green
va · 1882
1 sentence

1910Scott v. Cheatham & Als, 78 Va. 83 ; Lindsay v. Murphy, 76 Va. 428 .” Since, therefore, the decisions of our own appellate court hold that neither our Constitution nor our statute giving the right to a householder to hold for himself or his widow a homestead, created either in the husband or the widow any legal estate whatever, but merely a right to hold the property set apart' as a homestead, exempt from levy, seizure, etc., under the process of any court, except demands of a specified character (among the excepted demands being “for a lawful claim for any taxes, levies or assessments accruin

11910–1910

Statutes the citing opinions construe

VA § Va. Code Ann. § 38.2-2206 (4) VA § Va. Code Ann. § 38.2-3405 (3) VA § Va. Code Ann. § 8.01-35.1 (3) VA § Va. Code Ann. § 8.01-455 (3) VA § Va. Code Ann. § 8.01-56 (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

CA 64 (1910–2026) FL 36 (1899–2021) TX 32 (1874–2026) WA 32 (1939–2026) MS 23 (1917–2025) OH 20 (1923–2023) MO 19 (1878–2019) NY 19 (1877–2019) MD 17 (1947–2013) MI 13 (1880–2025) VA 12 (1910–2024) IL 12 (1901–2026) OK 12 (1909–1987) NE 9 (1950–2026) WI 9 (1897–2023) IN 8 (1982–2019) DC 8 (1958–2022) CT 7 (1919–2016) NC 6 (1910–1992) CO 6 (1970–2014) KY 6 (1986–2024) AL 5 (1968–2000) ID 5 (1945–2019) MA 5 (1982–2025) WY 5 (1980–2023) AZ 5 (1966–2016) MN 5 (1885–1993) PA 5 (1946–2001) GA 5 (1925–2021) SD 5 (1973–2026) NJ 5 (1953–2003) OR 4 (1908–2024) NM 4 (1972–2006) ME 2 (2015–2017) DE 2 (1981–2015) UT 2 (1934–1944) TN 2 (1992–2011) LA 2 (1942–1959) WV 2 (1946–1955) SC 2 (1911–2000) NV 2 (1918–2014)

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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