361 So. 2d 1027 - Gaught v. Evans’s Empirical Analysis
1978
Citation profile
10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently September 2015
10 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 Safeco Insurance Co. of America v. Jones · State Farm Mutual Automobile Insurance v. Cahoon · Employers Liability Assur. Corp., Ltd. v. Jackson · 53 Ala. App. 175 - Almeida v. State Farm Mutual Insurance Company · United States Fidelity & Guaranty Co. v. Slifkin
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The principle of primary and secondary liability has long been included in automobile liability and is recognized by the courts of this state____ Such provisions are matters reasonably affecting premi urns charged and some protection against double recovery of damages. We therefore conclude that the insured is bound by the provision in his policy which provides that if the insured is injured by an uninsured motorist while in an automobile other than the owned automobile and such automobile has uninsured motorist insurance available to insured, such coverage shall be primary and coverage provided to the named insured shall be secondary and only as excess over the first.”
1 later decision quote this exact passage“"The 'excess clause' provides that the claimant's own policy applies 'only in excess insurance over any other similar insurance available to such an insured [claimant] and applicable to such vehicle as primary insurance' — that is, the uninsured motorist insurance which applies to the vehicle he is occupying is viewed as primary insurance. . . ."”
1 later decision quote this exact passage“secondary coverage may be reached after the exhaustion of primary coverage if the damages exceed the policy limits of the primary coverage”
1 later decision 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.