Also known as:reimburses · reimbursed · reimbursing · reimbursement · reimbursements · repay · compensate
Written by attorneys · grounded in primary & secondary sources — see below
Payment made to compensate a party for expenses incurred or losses suffered in connection with a legal obligation or relationship.
Sources & Authorities
How it applies
Common Examples
6
Insurance Agreement Disclosure
Summit Mutual Insurance Company faces a bad-faith suit from homeowner Dana. At initial disclosure, Dana seeks production of reinsurance treaties that will repay Summit Mutual for any judgment paid. The court orders production because the treaties fall within the category of agreements that may reimburse an insurer for satisfaction of a judgment.
Lawyer Referral Payment
Lawyer Lopez pays a referral service its standard fee after the service directs a client to Lopez. The payment is permitted because it reimburses the service only for its ordinary operating charges rather than rewarding a recommendation of Lopez personally.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Buyer Riley Rivera spends $40,000 preparing a site after Seller Ralph Richardson promises to convey land. When Richardson breaches, the court awards Riley the $40,000 to place Riley in the position he would have occupied had the contract never been made.
Informant Tip Evaluation
An officer receives a tip that stolen goods are in a warehouse. The court finds probable cause after weighing the informant’s history of accuracy against limited details supplied, because the totality of circumstances shows a fair probability that the goods will be found.
Proxy Solicitation Reimbursement
Shareholder Rebecca Ross solicits proxies to elect new directors of Redline Automotive. After the election, the corporation’s bylaws require it to repay Rebecca the reasonable costs she incurred, because the bylaw was adopted before the record date of the contested election.
General Partner Expense Repayment
General partner Roberto Reyes pays $25,000 in partnership taxes from personal funds while managing Rocky Mountain Mining’s operations. The limited partnership must repay Roberto because he complied with the duties of care and loyalty when making the payment.
Common questions
Frequently Asked
4
When must an insurer disclose agreements that may reimburse it for a judgment?+
An insurer must disclose at initial disclosure any agreement under which another insurer may repay it for all or part of a judgment or for payments made to satisfy the judgment. The duty is automatic and does not require a discovery request.
Supporting sources
How does reliance interest protect a promisee who incurs expenses?+
Reliance interest entitles the promisee to repayment of loss caused by reliance on the contract so that the promisee is placed in the position occupied had the contract never been made.
Supporting sources
Under what conditions must a limited partnership repay a general partner?+
A limited partnership must repay a general partner for payments made in the course of partnership activities when the general partner complied with the duties of care, loyalty, and any other statutory requirements.
Supporting sources
May a corporation’s bylaws require reimbursement of proxy expenses?+
A corporation’s bylaws may require reimbursement of a shareholder’s proxy solicitation expenses in connection with director elections, provided the bylaw was adopted before the record date of the election.
Supporting sources
326 U.S. 310 (1945)Civil Procedure
…in business buildings, or rent rooms in hotels or business buildings temporarily for that purpose. The cost of such rentals is reimbursed by appellant. The authority of the salesmen is limited to exhibiting their samples and soliciting orders from prospective buyers, at prices and on terms fixed by appellant. The salesmen…