rationale underlying rule (Delaware) · Go Syfert
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rationale underlying rule in Delaware

6 Delaware opinions name it 2 courts 1974–2023 4 in the last five years

The cases below were cited by Delaware 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 (3)

CaseFollowedCited
American Insurance Group v. Risk Enterprise Management, Ltd.green
del · 2000 · cited in 3 Delaware opinions naming this issue, 2008–2022
2 sentences

2022Mgmt., Ltd., 761 A.2d 826, 829 (Del. 2000) (“The rationale underlying this principle is that the determination of whether a party has a duty to defend should be made at the outset of the case, both to provide the insured with a defense at the beginning of the litigation and to permit the insurer, as the defraying entity, to control the defense strategy.”). 73 Liggett Group, Inc. v. Ace Property and Cas.

2021Mgmt., Ltd., 761 A.2d 826, 829 (Del.2000) (“The rationale underlying this principle is that the determination of whether a party has a duty to defend should be made at the outset of the case, both to provide the insured with a defense at the beginning of the litigation and to permit the insurer, as the defraying entity, to control the defense strategy.”). 86 Liggett Group, Inc. v. Ace Property and Cas.

33
Stonewall Insurance Co. v. E.I. Du Pont De Nemours & Co.green
del · 2010 · cited in 2 Delaware opinions naming this issue, 2023–2023
2 sentences

2023Id. at 826 & n.10. 68 Stonewall, 996 A.2d at 1262 (citation omitted). 30 the tax payment unlawful or improper.”69 “The rationale underlying this rule is that money is not due and payable, and thus not in default, until there has been a demand therefor.”70 “Thus, a taxpayer may recover interest from the date the tax payment was made if the payment was accompanied by adequate notice that the payment is considered to be excessive, improper, or unlawful; but if such notice did not accompany the tax payment then interest will not begin to accumulate until there has been a later act constituting not

2023Id. at 826 & n.10. 68 Stonewall, 996 A.2d at 1262 (citation omitted). 30 the tax payment unlawful or improper.”69 “The rationale underlying this rule is that money is not due and payable, and thus not in default, until there has been a demand therefor.”70 “Thus, a taxpayer may recover interest from the date the tax payment was made if the payment was accompanied by adequate notice that the payment is considered to be excessive, improper, or unlawful; but if such notice did not accompany the tax payment then interest will not begin to accumulate until there has been a later act constituting not

22
Sammons v. CITY OF BEAUFORTgreen
sc · 1954 · cited in 1 Delaware opinions naming this issue, 1974–1974
2 sentences

1974Sammons v. City of Beaufort, 225 S.C. 490 , 83 S.E.2d 153, 157 (1954); 25 Am.Jur.2d, Highways, § 182.

1974Sammons v. City of Beaufort, 225 S.C. 490 , 83 S.E.2d 153, 157 (1954); 25 Am.Jur.2d, Highways, § 182.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Watkins v. Beatrice Companies, Inc. green
del · 1989
2 sentences

2023Id. at 826 & n.10. 68 Stonewall, 996 A.2d at 1262 (citation omitted). 30 the tax payment unlawful or improper.”69 “The rationale underlying this rule is that money is not due and payable, and thus not in default, until there has been a demand therefor.”70 “Thus, a taxpayer may recover interest from the date the tax payment was made if the payment was accompanied by adequate notice that the payment is considered to be excessive, improper, or unlawful; but if such notice did not accompany the tax payment then interest will not begin to accumulate until there has been a later act constituting not

2023Id. at 826 & n.10. 68 Stonewall, 996 A.2d at 1262 (citation omitted). 30 the tax payment unlawful or improper.”69 “The rationale underlying this rule is that money is not due and payable, and thus not in default, until there has been a demand therefor.”70 “Thus, a taxpayer may recover interest from the date the tax payment was made if the payment was accompanied by adequate notice that the payment is considered to be excessive, improper, or unlawful; but if such notice did not accompany the tax payment then interest will not begin to accumulate until there has been a later act constituting not

22023–2023

Where else courts name it

CA 87 (1964–2025) IL 78 (1970–2026) NY 58 (1956–2026) TX 39 (1990–2022) OH 38 (1982–2026) CT 35 (1983–2022) MD 32 (1980–2024) PA 28 (1976–2026) MO 26 (1970–2024) NJ 15 (1978–2025) GA 13 (1978–2024) WA 13 (1971–2016) IN 13 (1973–2020) MI 13 (1974–2021) IA 12 (1988–2023) FL 11 (1968–2011) DC 10 (1978–2017) TN 10 (1993–2018) NC 9 (1987–2018) WI 9 (1971–2024) LA 8 (1967–2014) MN 8 (1993–2019) VA 8 (1990–2017) NH 8 (1972–2002) NM 8 (2000–2019) WV 7 (1983–2015) CO 7 (1986–2005) AL 7 (1977–2016) WY 7 (1970–2017) MT 6 (1998–2008) UT 6 (1993–2022) ME 6 (1969–2018) ND 6 (1985–2005) DE 6 (1974–2023) AZ 5 (1984–2012) NE 5 (1983–2002) HI 4 (1995–2019) RI 4 (1970–2014) VT 4 (1985–2022) NV 3 (1998–2011) MA 3 (1981–2004) SC 3 (1996–2004) MS 3 (1980–1998) OR 2 (1999–2008)

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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