condition precedent defense (Washington) · Go Syfert
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condition precedent defense in Washington

6 Washington opinions name it 2 courts 1962–2018 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Washington.

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 (7)

CaseCitedYears
Glandon v. Searle green
wash · 1966
2 sentences

1992Washington law states that "where the insurer claims the policy was never effected due to the insured's fraud or misrepresentation, then as a condition precedent to this defense, the insurer must tender back the premium." Glandon v. Searle, 68 Wn.2d 199, 204 , 412 P.2d 116 (1966); see also Neat v. United States Fid. & Guar.

1992Washington law states that "where the insurer claims the policy was never effected due to the insured's fraud or misrepresentation, then as a condition precedent to this defense, the insurer must tender back the premium." Glandon v. Searle, 68 Wn.2d 199, 204 , 412 P.2d 116 (1966); see also Neat v. United States Fid. & Guar.

31972–1992
Mike M. Johnson, Inc. v. County of Spokane green
wash · 2003
1 sentence

2018Johnson, Inc. v. Spokane County, 150 Wn.2d 375, 386 , 78 P.3d 161 (2003).

12018–2018
Mike M. Johnson, Inc. v. Spokane County green
wash · 2003
1 sentence

2018Johnson, Inc. v. Spokane County, 150 Wn.2d 375, 386 , 78 P.3d 161 (2003).

12018–2018
Oregon Automobile Insurance v. Salzberg green
wash · 1975
1 sentence

2013We cited public policy considerations as well, pointing out that the condition precedent rule needlessly reduced protection of insureds: “Such relief, absent a showing of prejudice, would be tantamount to a questionable windfall for the insurer at the expense of the public.” Id. at 377 . ¶40 We reaffirmed this analysis in the first-party insurance context in Tran, holding again that noncooperation does not absolve an insurer of liability unless the insurer was actually prejudiced. 136 Wn.2d at 228 .

12013–2013
Tran v. State Farm Fire & Casualty Co. green
wash · 1998
1 sentence

2013We cited public policy considerations as well, pointing out that the condition precedent rule needlessly reduced protection of insureds: “Such relief, absent a showing of prejudice, would be tantamount to a questionable windfall for the insurer at the expense of the public.” Id. at 377 . ¶40 We reaffirmed this analysis in the first-party insurance context in Tran, holding again that noncooperation does not absolve an insurer of liability unless the insurer was actually prejudiced. 136 Wn.2d at 228 .

12013–2013
Neat v. United States Fidelity & Guaranty Co. neutral
wash · 1932
2 sentences

1992Co., 170 Wash. 625, 632 , 17 P.2d 32 (1932).

1992Co., 170 Wash. 625, 632 , 17 P.2d 32 (1932).

11992–1992
Skoog v. Seymour neutral
wash · 1947
1 sentence

1962Skoog v. Seymour, 29 Wn. (2d) 355, 187 P. (2d) 304 (1947).

11962–1962

Where else courts name it

IL 25 (1944–2024) FL 17 (1961–2018) GA 17 (1899–2017) NY 13 (1930–2026) MD 12 (1993–2024) CT 9 (1984–2017) CA 8 (1919–2025) AL 6 (1935–1987) WA 6 (1962–2018) PA 5 (1929–2024) MN 4 (1989–2016) OR 4 (1922–2003) TX 4 (2005–2026) MT 4 (1899–1978) MI 4 (1936–1998) KS 3 (1932–1998) TN 3 (1814–2025) IA 3 (1972–2016) LA 3 (1949–1975) MO 2 (1900–1933) MA 2 (1953–1979) NJ 2 (1934–1960) SD 2 (1938–1989) WV 2 (1946–1975) AR 2 (1930–2000) WI 2 (1879–1974)

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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