Jessen v. O'DANIEL’s Empirical Analysis
1962
Citation profile
5 federal appellate · 4 district · 19 state decisions
How this case has been cited
Cited by 29 later decisions — most recently February 2015 · most notably Bollinger v. Nuss (1969), Palmer v. Farmers Insurance Exchange (1993)
5 federal appellate · 4 district · 19 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 Ex Parte Barber · 155 Cal. App. 2d 679 - Brown v. Guarantee Insurance · Waters v. American Cas. Co. of Reading, Pa · 35 Tenn. App. 657 - Southern Fire & Casualty Co. v. Norris · Singles v. United States
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether a verdict is likely to be greatly in excess of policy limits; (2) whether the facts indicate that a defense verdict on the issue of liability is doubtful; (3) whether the company has given due regard to the recommendations of its trial counsel; (4) whether the insured has been informed of all settlement demands and offers; (5) whether the insured has demanded that the insurer settle within policy limits; and (6) whether the company has given due consideration to any offer of contribution by the insured.”
3 later decisions quote this exact passage · from the majority“[u]nder an insurance contract ... the insurer initially employs the attorney to represent the interests of both the insured and the insurer.”
3 later decisions quote this exact passage · from the majority“April 27, 1956 "Dear Mr. O'Daniel: "You will recall that the limit of your coverage in the case brought by Mr. Jessen is $10,000, whereas the suit claims damages in the sum of $71,161.00 or in the amount of $61,161.00 in excess of your insurance coverage. I called this to your attention orally the other day and you advised that you desire me to represent you on all facets of the case, as well as acting as the attorney for the insurance company. "No written notice has been given to you however, and at the request of the insuring carrier I am calling to your attention that if a judgment should be rendered in excess of $10,000, you will be liable for that excess amount. To that end you are entitled to hire your own counsel at your own expense to protect your interest in the case, and it is my understanding that you so desired me to represent you. "Please advise if the situation is otherwise. "Very truly yours, "LEAVITT & LUCAS "By "James P. Lucas”
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.