201 W. Va. 685 - Miller v. Fluharty’s Empirical Analysis
1997
Citation profile
30 state decisions
How this case has been cited
Cited by 39 later decisions — most recently July 2023 · most notably 202 W. Va. 591 - Sizemore v. State Farm General Insurance (1998), Rubenstein v. Royal Insurance Co. of America (1999)
30 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 · 194 W. Va. 52 - Williams v. Precision Coil, Inc. · 24 Cal. 3d 809 - Egan v. Mutual of Omaha Insurance · Love v. Fire Insurance Exchange
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n 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.”
4 later decisions quote this exact passage“When examining whether a policyholder has substantially prevailed against an insurance carrier, a court should look at the negotiations as a whole from the time of the insured event to the final payment of the insurance proceeds. If the policyholder makes a reasonable demand during the course of the negotiations, within policy limits, the insurance carrier must either meet that demand, or promptly respond to the policyholder with a statement why such a demand is not supported by the available information.”
3 later decisions quote this exact passage“An insurance carrier has a duty, once a first-party policyholder has submitted proof of a loss, to promptly conduct a reasonable investigation of the policyholder’s loss based upon all available information. On the basis of that investigation, if liability to the policyholder has become reasonably clear, the insurance carrier must make a prompt, fair and equitable settlement' offer. If the circuit court' finds evidence that the insurance carrier has failed to properly or promptly investigate the policyholder’s claim, then the circuit court may consider that evidence in determining whether the policyholder has substantially prevailed in an action to enforce the insurance contract.”
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.