13 Kan. App. 2d 621 - Uhock v. Sleitweiler’s Empirical Analysis
1988
Citation profile
8 district · 10 state decisions
Relationships
Relies on Brown v. Keill · Micheaux v. Amalgamated Meatcutters & Butcher Workmen of North America, Local P-94 · State v. Adee · Friends University v. W. R. Grace & Co. · State v. Craven
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof or out of materials, parts or equipment furnished in connection therewith,”
2 later decisions quote this exact passage“[T]his exclusionary language is unambiguous and is applicable in cases such as the one here. . . . The "work" referred to in the exclusion can only refer to the property treated by [the defendant]. . . . When an exterminator treats a home, warranties arise both under his contract with the owner and by operation of tort law. Since an exterminator can control the quality of his work, he is liable to the owner when the work is faulty. The risk that the exterminator may incur liability under warranty is a normal part of going business. The exterminator may obtain a performance bond or purchase a guarantee of contractual performance for repair or replacement of faulty workmanship. Under operation of law, a second type of risk that arises is injury to people and damage to property other than the work performed. Unlike the first type of risk, when liability is limited to the cost of replacement or repair, the duty imposed by law (tort liability) subjects the exterminator to unlimited liability. For this risk, the exterminator purchases liability insurance for bodily injury or property damage. Provisions of a general liability policy provide coverage only if the insured work or product actively malfunctions, causing injury to an individual or damage to another's property. In short. . . a general liability policy "is not a performance bond or a guarantee of contract performance."”
1 later decision quote this exact passage“is not a performance bond or a guarantee of contract performance.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.