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· 11/29/1989

Ara v. Erie Insurance

Citations

  • 387 S.E.2d 320
  • 182 W. Va. 266
  • 1989 W. Va. LEXIS 244

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “To effect a waiver, there must be evidence which demonstrates that a party has intentionally relinquished a known right.”
  • “Waiver may be established by express conduct or impliedly, through inconsistent actions.” (citations omitted)
  • “estoppel applies when a party is induced to act or to refrain from acting to her detriment because of her reasonable reliance on another party’s misrepresentation or concealment of a material fact.”
  • \Estoppel is properly invoked to prevent a litigant from asserting a claim or a defense against a party who has detrimentally changed his[/her] position in reliance upon the litigant's misrepresentation or failure to disclose a material fact.\
  • \The doctrine of estoppel applies when a party is induced to act or to refrain from acting to her detriment because of her reasonable reliance on another party's misrepresentation or concealment of a material fact.\
  • “The doctrine of estoppel applies when a party is induced to act or to refrain from acting to her detriment because of her reasonable reliance on another party’s misrepresentation or concealment of a material fact.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Workman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.