184 W. Va. 352 - Brown v. Crum’s Empirical Analysis
1990
Citation profile
8
cited by 8 later decisions
1
states following
September 2005
most recently cited
2 state decisions
Relationships
Relies on 183 W. Va. 556 - State Automobile Mutual Insurance v. Youler · 165 W. Va. 305 - Shanholtz v. Monongahela Power Co. · 184 W. Va. 331 - Pristavec v. Westfield Insurance
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the present case, we reemphasize that W.Va.Code, § 33-6-31(b) precludes offsets of amounts paid by a tortfeasor’s insurer against the underinsured motorist policy limits of an insurance carrier. This preclusion of offsets was the public policy of this state prior to the 1988 amendments which explicitly added such language to W.Va. Code, § 33 — 6—31(b).”
2 later decisions quote this exact passage · from the majority““... underinsured motorists’ coverage is activated under W.Va.Code, § 33-6-31(b), as amended, when the amount of such tortfeasor’s motor vehicle liability insurance actually available to the injured person in question is less than the total amount of damages sustained by the injured person, regardless of the comparison between such liability insurance limits actually available and the undefinsured motorists’ coverage limits.””
1 later decision quote this exact passage · from the majority“No sums payable as a result of underin-sured motorists’ coverage shall be reduced by payments made under the insured’s policy or any other policy.”
1 later decision quote this exact passage · from the majority
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.