recovery of any claim (Texas) · Go Syfert
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recovery of any claim in Texas

6 Texas opinions name it 1 courts 1911–2013 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 (4)

CaseFollowedCited
State Farm Lloyds v. Johnsongreen
tex · 2009 · cited in 2 Texas opinions naming this issue, 2010–2010
2 sentences

2010See State Farm Lloyds v. Johnson , 290 S.W.3d 886, 888 (Tex. 2009).

2010See State Farm Lloyds v. Johnson, 290 S.W.3d 886, 888 (Tex.2009).' As in this case, appraisal provisions generally provide that either the insui’ed or the insurer may demand an appraisal pursuant to the terms of the policy.

22
Humphrey v. National Fire Ins. Co. of Hartfordgreen
texcommnapp · 1921 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013In Humphrey, for example, the policy provided: “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, [including examination under oath,] nor unless commenced within two years next after the fire.” 231 S.W. at 752 (internal quotation marks omitted).

11
Members Mutual Insurance Company v. Cutaiagreen
tex · 1972 · cited in 1 Texas opinions naming this issue, 1983–1983
2 sentences

1983Co. v. Cutaia, 476 S.W.2d 278, 278-79 (Tex.1972).

1983Co. v. Cutaia, 476 S.W.2d 278, 278-79 (Tex.1972).

11
Weaver v. Hartford Accident & Indemnity Co.green
tex · 1978 · cited in 1 Texas opinions naming this issue, 1983–1983
2 sentences

1983The relevant portion of the policy states that “the Insured shall, if claim is made or suit is brought against the Insured, forward to the Company every demand, notice, summons or other process received by him .... ” The policy further provides, “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with .... ” A similar policy provision requiring the forwarding of suit papers has been held to establish a condition precedent to recovery on the policy. 1 Weaver v. Hart

1983The relevant portion of the policy states that "the Insured shall, if claim is made or suit is brought against the Insured, forward to the Company every demand, notice, summons or other process received by him...." The policy further provides, "No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with...." A similar policy provision requiring the forwarding of suit papers has been held to establish a condition precedent to recovery on the policy. [1] Weaver v. Hartfo

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 (2)

CaseCitedYears
Philadelphia Underwriters' Agency of Fire Insurance Ass'n of Philadelphia v. Driggers green
· 1922
2 sentences

1989Philadelphia Underwriters’ Agency v. Driggers, 111 Tex. 392 , 238 S.W. 633 (1922).

1989Philadelphia Underwriters’ Agency v. Driggers, 111 Tex. 392 , 238 S.W. 633 (1922).

11989–1989
Southern Pacific Co. v. Block Bros. green
tex · 1892
2 sentences

1911The contention is made that prior to the time the amended petition was filed appellant was not legally in court, because it had not been sued by its proper corporate name; that the filing of the amended petition was the beginning of the suit against it; and that the court erred in refusing to give effect to the clause contained in the policy reading: “No suit or action on this policy, for the recovery of any claim shall be sustainable in any court of law or equity, * * * unless commenced within twelve months after the fire.” The decision of our Supreme Court in Southern Pacific Co. v. Block, 8

1911The contention is made that prior to the time the amended petition was filed appellant was not legally in court, because it had not been sued by its proper corporate name; that the filing of the amended petition was the beginning of the suit against it; and that the court erred in refusing to give effect to the clause contained in the policy reading: “No suit or action on this policy, for the recovery of any claim shall be sustainable in any court of law or equity, * * * unless commenced within twelve months after the fire.” The decision of our Supreme Court in Southern Pacific Co. v. Block, 8

11911–1911

Where else courts name it

CA 16 (1920–2025) WA 11 (1910–2006) OH 10 (1987–2007) MI 10 (1971–2019) LA 8 (1966–2011) NY 8 (1864–2019) IA 7 (1884–2000) PA 7 (1929–1989) GA 7 (1896–2024) OK 6 (1910–1998) IL 6 (1893–2025) IN 6 (1893–2005) TX 6 (1911–2013) WV 6 (1894–1991) TN 5 (1939–2003) KY 5 (1889–1953) OR 4 (1962–2008) NC 4 (1894–1971) MA 3 (1996–2001) AL 2 (1955–1977) VA 2 (1938–2005) MO 2 (1910–1987) MN 2 (1901–1987) WI 2 (1946–1975)

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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