126 Mich. App. 739 - Medley v. Canady’s Empirical Analysis

Citation profile

6 federal appellate · 2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If benefits are not paid on a timely basis the benefits paid shall bear simple interest from a date 60 days after satisfactory proof of loss was received by the insurer at the rate of 12% per annum, if the claimant is the insured or an individual or entity directly entitled to benefits under the insured’s contract of insurance. If the claimant is a third party tort claimant, then the benefits paid shall bear interest from a date 60 days after satisfactory proof of loss was received by the insurer at the rate of 12% per annum if the liability of the insurer for the claim is not reasonably in dispute, the insurer has refused payment in bad faith and the bad faith was determined by a court of law. The interest shall be paid in addition to and at the time of payment of the loss. If the loss exceeds the limits of insurance coverage available, interest shall be payable based upon the limits of insurance coverage rather than the amount of the loss. If payment is offered by the insurer but is rejected by the claimant, and the claimant does not subsequently recover an amount in excess of the amount offered, interest is not due. Interest paid pursuant to this section shall be offset by any award of interest that is payable by the insurer pursuant to the award.”

   3 later decisions quote this exact passage
   e.g. BD. OF TR. OF MICH. STATE UNIV. v. Continental Cas. · 726 F. Supp. 2d 754 - Stryker Corporation v. XL Insurance America

2. “not simply negligence or bad judgment but rather the conscious doing of a wrong because of dishonest purpose or moral obliquity. It is not merely the lack of good faith, but the opposite of good faith.”

   2 later decisions quote this exact passage
   e.g. Awrey v. Progressive Casualty Insurance · Federal Insurance Company an Indiana Corporation Llc v. The Hartford Steam Boiler Inspection and Insurance Company

3. “(1) that satisfactory proof of loss was received by the insurer; (2) that the liability of the insurer for the claim not be reasonably in dispute; (3) that the insurer refused payment of the claim; and (4) that the refusal to pay was in bad faith.”

   1 later decision quote this exact passage
   e.g. BD. OF TR. OF MICH. STATE UNIV. v. Continental Cas.