14 Kan. App. 2d 158 - Smith v. Blackwell’s Empirical Analysis
1989
Citation profile
4 federal appellate · 24 district · 32 state decisions
How this case has been cited
Cited by 64 later decisions — most recently February 2022 · most notably American Physicians Insurance Exchange v. Garcia (1994), Wade II v. Emcasco Insurance Company (2007)
4 federal appellate · 24 district · 32 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 155 Cal. App. 2d 679 - Brown v. Guarantee Insurance · Spencer v. Aetna Life & Casualty Insurance · Wolf v. Mutual Benefit Health & Accident Association · Bollinger v. Nuss · Koch, Administratrix v. Prudential Ins. Co.
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“furnished all requested medical reports, agreed to extend time if significant progress toward settlement was being made, and did not file suit `precipitously,'”
2 later decisions quote this exact passage““That in all actions hereafter commenced, in which judgment is rendered against any insurance company as defined in K.S.A. 40-201, and including in addition thereto any fraternal benefit society and any reciprocal or interinsurance exchange on any policy or certificate of any type or kind of insurance, if it appear from the evidence that such company, society or exchange has refused without just cause or excuse to pay the full amount of such loss, the court in rendering such judgment shall allow the plaintiff a reasonable sum as an attorney’s fee for services in such action, including proceeding upon appeal, to be recovered and collected as a part of the costs.””
1 later decision quote this exact passage““[A]ll the good faith and settlement offers in the world after suit is filed will not immunize a company from the consequences of an unjustified refusal to pay which made the suit necessary.” [citation omitted]. If an insurer were permitted to “cure” an earlier breach of a fiduciary duty, the policy of encouraging an insurer to exercise due care and attempt to settle claims in a fair and expeditious manner would be undermined. This issue is neither new nor novel and does not create just cause or excuse for failure to pay the excess judgment. Id. 791 P.2d at 1347 .”
1 later decision quote this exact passagee.g. Stetler v. Fosha
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.