193 W. Va. 350 - Hadorn v. Shea’s Empirical Analysis

Citation profile

8 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘The question of whether an insured has substantially prevailed against his insurance company on a property damage claim is determined by the status of negotiations between the insured and the insurer prior to the institution of the law suit. Where the insurance company has offered an amount materially below the damage estimates submitted by the insured, and the jury awards the insured an amount approximating the insured’s damages, the insured has substantially prevailed.’ Syl. pt. 2, Thomas v. State Farm Mut. Auto. Ins. Co., 181 W.Va. 604 , 383 S.E.2d 786 (1989). ‘An insured “substantially prevails” in a property damage action against his or her insurer when the action is settled for an amount equal to or approximating the amount claimed by the insured immediately prior to the commencement of the action, as well as when the action is concluded by a jury verdict for such an amount. In either of these situations the insured is entitled to recover reasonable attorney’s fees from his or her insurer, as long as the attorney’s services were necessary to obtain payment of the insurance proceeds.’ Syl. pt. 1, Jordan v. Nat’l Grange Mut. Ins. Co., 183 W.Va. 9 , 393 S.E.2d 647 (1990).”

   2 later decisions quote this exact passage
   e.g. 201 W. Va. 685 - Miller v. Fluharty · 196 W. Va. 178 - Burgess v. Porterfield