doctrines waiver (West Virginia) · Go Syfert
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doctrines waiver in West Virginia

6 West Virginia opinions name it 1 courts 1990–2026 1 in the last five years

The cases below were cited by West 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 (4)

CaseFollowedCited
Libby v. Haleygreen
me · 1898 · cited in 1 West Virginia opinions naming this issue, 2016–2016
2 sentences

2016Many law writers and courts - make no effort to distinguish them and use the terms interchangeably.”); Libby v. Haley, 91 Me. 331 , 39 A. 1004, 1005 (1898) (“tT]he cases do not all recognize this distinction, and apply the doctrines of waiver and estoppel indiscriminately in furtherance of justice.”).

2016Many law writers and courts - make no effort to distinguish them and use the terms interchangeably.”); Libby v. Haley, 91 Me. 331 , 39 A. 1004, 1005 (1898) (“tT]he cases do not all recognize this distinction, and apply the doctrines of waiver and estoppel indiscriminately in furtherance of justice.”).

11
Rowan v. McKnightgreen
wva · 1991 · cited in 1 West Virginia opinions naming this issue, 1999–1999
2 sentences

1999It is now well established that “the doctrine of res judicata may be applied to quasi-judicial determinations of administrative agencies.” Rowan v. McKnight, 184 W.Va. 763, 764 , 403 S.E.2d 780, 781 (1991) (per curiam) (citing Liller v. West Virginia Human Rights Comm’n, 180 W.Va. 433 , 376 S.E.2d 639 (1988)).

1999It is now well established that “the doctrine of res judicata may be applied to quasi-judicial determinations of administrative agencies.” Rowan v. McKnight, 184 W.Va. 763, 764 , 403 S.E.2d 780, 781 (1991) (per curiam) (citing Liller v. West Virginia Human Rights Comm’n, 180 W.Va. 433 , 376 S.E.2d 639 (1988)).

11
American States Ins. Co. v. McGuiregreen
fladistctapp · 1987 · cited in 1 West Virginia opinions naming this issue, 1998–1998
1 sentence

1998Co. v. McGuire, 510 So.2d 1227, 1229 (Fla.Dist.Ct.App.1987) (“it is undisputed that, as a general principle, the doctrines of waiver and estoppel are not available to extend the coverage of an insurance policy or to create a primary liability” (citations omitted)); Insurance Co. of N. Am. v. Coffman, 52 Md.App. 732, 743 , 451 A.2d 952, 957 (1982) (observing that defenses *320 founded on a lack of basic coverage “may not be waived merely by the company’s failure to specify them in its initial response to the claim, for the effect of that would be to expand the policy to create a risk not intend

11
Insurance Co. of North America v. Coffmangreen
mdctspecapp · 1982 · cited in 1 West Virginia opinions naming this issue, 1998–1998
2 sentences

1998Co. v. McGuire, 510 So.2d 1227, 1229 (Fla.Dist.Ct.App.1987) (“it is undisputed that, as a general principle, the doctrines of waiver and estoppel are not available to extend the coverage of an insurance policy or to create a primary liability” (citations omitted)); Insurance Co. of N. Am. v. Coffman, 52 Md.App. 732, 743 , 451 A.2d 952, 957 (1982) (observing that defenses *320 founded on a lack of basic coverage “may not be waived merely by the company’s failure to specify them in its initial response to the claim, for the effect of that would be to expand the policy to create a risk not intend

1998Co. v. McGuire, 510 So.2d 1227, 1229 (Fla.Dist.Ct.App.1987) (“it is undisputed that, as a general principle, the doctrines of waiver and estoppel are not available to extend the coverage of an insurance policy or to create a primary liability” (citations omitted)); Insurance Co. of N. Am. v. Coffman, 52 Md.App. 732, 743 , 451 A.2d 952, 957 (1982) (observing that defenses *320 founded on a lack of basic coverage “may not be waived merely by the company’s failure to specify them in its initial response to the claim, for the effect of that would be to expand the policy to create a risk not intend

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Painter v. Peavy green
wva · 1994
1 sentence

2026Va. 189 , 451 S.E.2d 755 (1994). 3. “‘Although the doctrines of waiver and estoppel are both grounded in equity, they differ significantly in application.

12026–2026
Liller v. West Virginia Human Rights Commission green
wva · 1988
2 sentences

1999It is now well established that “the doctrine of res judicata may be applied to quasi-judicial determinations of administrative agencies.” Rowan v. McKnight, 184 W.Va. 763, 764 , 403 S.E.2d 780, 781 (1991) (per curiam) (citing Liller v. West Virginia Human Rights Comm’n, 180 W.Va. 433 , 376 S.E.2d 639 (1988)).

1999It is now well established that “the doctrine of res judicata may be applied to quasi-judicial determinations of administrative agencies.” Rowan v. McKnight, 184 W.Va. 763, 764 , 403 S.E.2d 780, 781 (1991) (per curiam) (citing Liller v. West Virginia Human Rights Comm’n, 180 W.Va. 433 , 376 S.E.2d 639 (1988)).

11999–1999
Runner v. Calvert Fire Insurance green
wva · 1953
2 sentences

1997Co., 138 W.Va. 369 , 76 S.E.2d 244 (1953) (where we applied the doctrines of waiver and estoppel against an insurer to nullify the insurer’s subrogation claim against an insured).

1997Co., 138 W.Va. 369 , 76 S.E.2d 244 (1953) (where we applied the doctrines of waiver and estoppel against an insurer to nullify the insurer’s subrogation claim against an insured).

11997–1997
Ara v. Erie Insurance green
wva · 1989
2 sentences

1990We recently summarized the doctrines of waiver and estoppel in Syllabus Point 2 of Ara v. Erie Insurance Co., 182 W.Va. 266 , 387 S.E.2d 320 (1989): “Although the doctrines of waiver and estoppel are both grounded in equity, they differ significantly in application.

1990We recently summarized the doctrines of waiver and estoppel in Syllabus Point 2 of Ara v. Erie Insurance Co., 182 W.Va. 266 , 387 S.E.2d 320 (1989): “Although the doctrines of waiver and estoppel are both grounded in equity, they differ significantly in application.

11990–1990

Where else courts name it

CA 54 (1919–2026) IL 51 (1960–2025) IN 29 (1986–2026) TX 21 (1968–2025) NY 19 (1938–2024) CO 18 (1971–2026) OR 14 (1994–2025) FL 14 (1963–2025) MO 14 (1965–2017) OH 12 (1997–2025) WI 11 (1966–2023) MS 11 (1960–2013) NE 11 (1889–2024) NC 9 (1973–2026) AR 8 (1969–2021) GA 8 (1959–2019) AZ 8 (1979–2023) WA 8 (1934–2026) PA 7 (1890–2016) OK 7 (1993–2018) MI 7 (1961–2020) MA 7 (1983–2025) UT 6 (1989–2025) ID 6 (1984–2025) WV 6 (1990–2026) CT 6 (1974–2005) MD 4 (1961–2001) NM 4 (1995–2021) SC 4 (2012–2023) WY 4 (1988–2019) MT 4 (1998–2021) ND 4 (1996–2022) NH 3 (1966–2003) TN 3 (1976–2012) KS 3 (1958–2019) DE 3 (2017–2022) VT 3 (2006–2019) NV 3 (1994–2013) HI 2 (2004–2012)

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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