Via Net v. TIG Insurance Co.

How courts have described this case

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

• holding that a failure to ask for information needed to verify contractual performance was not due diligence
• holding that when issue is raised for first time in summary-judgment response, movant may “respond on the merits and try the issue by consent”
• holding that when movant responded to unpleaded affirmative defense without objecting, that issue was tried by consent
• concluding that the discovery rule was inapplicable to a breach of contract claim premised on the failure by a vendor to add the plaintiff as an additional insured on the vendor's policy
• explaining that the court has “restricted the discovery rule to exceptional cases to avoid defeating the purposes behind the limitations statutes”
• observing that when issue is raised for first time in summary-judgment response, movant may \respond on the merits and try the issue by consent\

Source: CourtListener parenthetical corpus (CC0).