193 W. Va. 595 - Davis v. Foley’s Empirical Analysis
1995
Citation profile
32 state decisions
How this case has been cited
Cited by 38 later decisions — most recently March 2012 · most notably 199 W. Va. 349 - Fayette County National Bank v. Lilly (1997), 201 W. Va. 469 - Blake v. Charleston Area Medical Center, Inc. (1997)
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 148 W. Va. 160 - Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York · 192 W. Va. 189 - Painter v. Peavy · Savoie v. Grange Mutual Insurance · Wood v. Shepard · 193 W. Va. 262 - Miller v. Whitworth
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen language in an insurance policy clearly limits recovery of derivative claims to the per person limit, the per occurrence limit does not apply even though ‘the surviving spouse and children, including adopted children and stepchildren, brothers, sisters, parents and any persons who were financially dependent upon the decedent at the time of his or her death ... ’ are entitled to share in the recovery in the wrongful death action pursuant to W. Va.Code, § 55-7-6 (1992).”
2 later decisions quote this exact passage“Bodily injury limits shown for any one person are for all legal damages, including all derivative claims, claimed by anyone for bodily injury to one person as a result of one occurrence. Subject to this limit for any one person, the total limit of our liability shown for each occurrence is for all damages, including all derivative claims, due to bodily injury to two or more persons in any one occurrence.”
2 later decisions quote this exact passage“‘[a] motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.’ Syl. Pt. 3, Aetna Casualty & Surety Co. v. Federal Ins. Co. of N.Y., 148 W.Va. 160 , 133 S.E.2d 770 (1963).”
2 later decisions 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.