equitable sharing rule (Washington) · Go Syfert
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equitable sharing rule in Washington

7 Washington opinions name it 2 courts 1998–2012 0 in the last five years

The cases below were cited by Washington 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
Mahler v. Szucsgreen
wash · 1998 · cited in 3 Washington opinions naming this issue, 2004–2005
2 sentences

2005Mahler, 135 Wash.2d at 425, n. 16 , 957 P.2d 632 . ¶ 30 The equitable sharing rule is inapplicable to the case at bar as it applies only where an insurer is reimbursed through a lien against the recovery its insured secures from a third party.

2005Mahler, 135 Wn.2d at 425 n.16. ¶30 The equitable sharing rule is inapplicable to the case at bar as it applies only where an insurer is reimbursed through a lien against the recovery its insured secures from a third party.

13

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Mahler v. Szucs green
wash · 1998
2 sentences

2005Mahler, 135 Wash.2d at 425, n. 16 , 957 P.2d 632 . ¶ 30 The equitable sharing rule is inapplicable to the case at bar as it applies only where an insurer is reimbursed through a lien against the recovery its insured secures from a third party.

2004As explained in Mahler: "This equitable sharing rule is based on the common fund doctrine, which, as an exception to the American Rule on fees in civil cases, applies to cases where litigants preserve or create a common fund for the benefit of others as well as themselves." Id. at 426-27, 957 P.2d 632 .

22004–2005
Covell v. City of Seattle green
wash · 1995
2 sentences

1998Covell v. City of Seattle, 127 Wash.2d 874, 891 , 905 P.2d 324 (1995).

1998Covell v. City of Seattle, 127 Wash.2d 874, 891 , 905 P.2d 324 (1995).

21998–1998
Winters v. State Farm Mutual Automobile Insurance green
wash · 2001
1 sentence

2012Hamm, 151 Wn.2d at 320 (citing Winters, 144 Wn.2d at 878-79 ).

12012–2012
Hamm v. State Farm Mutual Automobile Insurance green
wash · 2004
1 sentence

2012Hamm, 151 Wn.2d at 320 (citing Winters, 144 Wn.2d at 878-79 ).

12012–2012
Young v. Teti green
washctapp · 2001
1 sentence

2012Id. 4 To the extent this rationale is premised on the contractual relationship between insurer and insured, it is unsupported by Mahler, Winters, and Hamm.

12012–2012

Statutes the citing opinions construe

WA § Wash. Rev. Code § 48.01.030 (4)

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.

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