Fikes v. Johnson’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““After investigating the accident Johnson’s insurer paid Fikes for his property damage and took a release discharging Johnson from further liability. It is insisted that this settlement is a bar to Johnson’s suit. The parties stipulated, however, that the settlement was made by the insurer without Johnson’s knowledge or consent. Although the insurance policy requires the company to defend suits against Johnson and empowers it to settle such cases, the policy does not authorize the insurer to settle or release the insured’s claims against a third person. Where the insurer settles a claim against the insured over the latter’s protest that he was not at fault, the insured may still maintain his action against the tort-feasor. Burnham v. Williams, 198 Mo.App.18, 194 S.W. 751 ; Jetton v. Polk, 17 Tenn.App. 395 , 68 S.W.2d 127 . The reason is that the insured should not be bound by an agreement to which he did not assent, and the principle applies here.””

   3 later decisions quote this exact passage
   e.g. Woodstock v. Evanoff · Graves Truck Line, Inc. v. Home Oil Co., Inc.