3 Kan. App. 2d 499 - Thompson v. James’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ “When a loss is covered but partially by insurance, the insured is tire proper party under this statute to bring suit for the entire loss. The insured will then hold in trust for the insurer such part of the recovery as tire insurer has paid. [Citations omitted.] “ “When such loss is fully covered and paid the rule is otherwise, provided the policy of insurance contains a subrogation clause whereby the insurer succeeds to rights of the insured. “ “When a loss is fully paid by an insurer and the insurer becomes subrogated to all rights of the insured, the right of action against the wrongdoer vests wholly in tire insurer. In such case the insurer becomes tire real party in interest and must undertake the maintenance of the action for reimbursement. [Citations omitted.]’ “In the partial payment situation, both the insurer and the insured are considered to be real parties in interest. However, the insured is the proper party to bring the action because he suffered tire entire loss in the first instance, while the insurer could not establish a claim beyond the amount for which it was liable under the policy.””

   4 later decisions quote this exact passage
   e.g. 9 Kan. App. 2d 119 - Busch v. City of Augusta · Becker v. Becker

2. “"K.S.A. 60-217( a ) requires that every action be prosecuted in the name of the real party in interest. The real party in interest is the person who possesses the right sought to be enforced, and is not necessarily the person who ultimately benefits from the recovery. [Citation omitted.] The real party in interest requirement has as one of its main purposes `the protection of the defendant from being repeatedly harassed by a multiplicity of suits for the same cause of action so that if a judgment be obtained it is a full, final and conclusive adjudication of the rights in controversy that may be pleaded in bar to any further suit instituted by any other party.' [Citation omitted.]"”

   4 later decisions quote this exact passage
   e.g. Becker v. Becker · 8 Kan. App. 2d 538 - Swanston v. McConnell Air Force Base Federal Credit Union

3. ““(a) Beal party in interest. Every action shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, conservator, trustee of an express trust, receiver, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in the party’s own name without joining the party for whose benefit the action is brought. . . . No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder or substitution shall have the same ejfect as if the action had been commenced in the name of the real party in interest.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. 32 Kan. App. 2d 460 - Larson Operating Co. v. Petroleum, Inc.