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← 176 N.C. App. 142 - Davis v. Dibartolo

176 N.C. App. 142 - Davis v. Dibartolo’s Empirical Analysis

2006

Citation profile

12
cited by 12 later decisions
1
states following
January 2019
most recently cited

9 state decisions

Relationships

Relies on Waste Management of Carolinas, Inc. v. Peerless Insurance · 155 N.C. App. 462 - Toomer v. Garrett · Gaston County Dyeing MacHine Co. v. Northfield Insurance · 143 N.C. App. 97 - Data General Corp. v. County of Durham · Dolbow v. Holland Industrial, Inc.

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “'an unforeseen event, occurring without the will or design of' " Cox. Waste Management , 315 N.C. at 694 , 340 S.E.2d at 379 (citation omitted). "Additionally, even if we were unable to conclusively determine whether [Littlefield's] damages were caused by an 'accident,' we are required to construe any ambiguities within an insurance policy in favor of the insured.”
    1 later decision quote this exact passage
  2. “[I]n determining whether ... alleged injuries were caused by an "occurrence," the focus should be on whether [the] damages were unexpected and unintended. In other words, we should not focus on the nature of [the insured's] alleged ... acts of negligence in determining whether [the] alleged damages were caused by an "occurrence."”
    1 later decision quote this exact passage
  3. “'The ultimate focus is on the injury , i.e., whether it was expected or intended, not upon the act and whether it was intended. Even intentional acts can trigger a duty to defend, so long as the injury was "not intentional or substantially certain to be the result of the intentional act.”
    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.