Domangue v. Henry’s Empirical Analysis
1980
Citation profile
1 federal appellate · 15 state decisions
How this case has been cited
Cited by 16 later decisions — most recently May 2015
1 federal appellate · 15 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 Roberie v. Southern Farm Bureau Casualty Insurance · Holtzclaw v. Falco, Inc. · 294 So. 2d 272 - Cousins v. State Farm Mutual Automobile Ins. Co. · Reichert v. Continental Insurance Company · 174 So. 2d 672 - Younger v. Lumbermens Mutual Casualty Company
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"If the allegations of the petition are sufficient to impose a duty upon the insurer to defend the insured, and the insurer fails or refuses to do so, then its refusal to provide that defense renders it liable for the expenses which the insured is compelled to incur in defending the action, including reasonable attorney's fees. Moskau v. Insurance Company of North America, supra [ 366 So.2d 1004 (La.App. 1 Cir.1978)]; Clemmons v. Zurich General Accident and Liability Insurance Company, 230 So.2d 887 (La.App. 1 Cir.1969). An insurer is bound to a competent defense of its insured, and it is liable to the insured for any damages sustained as a result of a breach of that obligation. Cousins v. State Farm Mutual Automobile Insurance Co., supra [ 294 So.2d 272 ]; Younger v. Lumbermens Mutual Casualty Company, supra [ 174 So.2d 672 ]. "Moreover, where the insurer has been guilty of bad faith toward its insured, which bad faith culminates in an excess judgment being rendered against the insured, and where the insured has had to employ an attorney to protect his interests and to oppose the bad faith conduct of the insurer, an award of attorney's fees is proper. See Reichert v. Continental Insurance Company, 290 So.2d 730 (La.App. 1 Cir.1974), writ denied, 294 So.2d 545 (La.1974)."”
1 later decision quote this exact passagee.g. Roy v. Glaude“Louisiana jurisprudence establishes that a duty is placed upon the insurer to consider the interest of the insured as paramount when an offer to settle is made. The insurer has a duty to act in good faith and to deal fairly when handling and settling claims in order to protect the insured from exposure to excess liability.”
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.