Aspinwall v. Gowens’s Empirical Analysis
1981
Citation profile
1 federal appellate · 103 state decisions
How this case has been cited
Cited by 106 later decisions — most recently July 2017 · most notably 493 So. 2d 1374 - Hammond v. City of Gadsden (1986), Palm Harbor Homes, Inc. v. Crawford (1997)
1 federal appellate · 103 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 405 So. 2d 1 - Chavers v. National SEC. Fire & Cas. Co. · Gulf Atlantic Life Ins. Co. v. Barnes · Koch, Administratrix v. Prudential Ins. Co. · 34 Ala. App. 91 - Trammell v. Robinson · 123 Ga. App. 631 - Gulf Life Insurance Co. v. Wilson
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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]f a complaint has more than one count and the defendant believes that the evidence is not sufficient to support one or more of those counts, he must challenge this by motion for directed verdict, specifying the count which is not supported by evidence and detailing with specificity the grounds upon which the particular count is not supported by the evidence. If this is not done and all counts go to the jury and a general verdict is returned, the court will presume that the verdict was returned on a valid count.”
24 later decisions quote this exact passage“In the normal case in order for a plaintiff to make out a prima facie case of bad faith refusal to pay an insurance claim, the proof offered must show that the plaintiff is entitled to a directed verdict on the contract claim and, thus, entitled to recover on the contract claim as a matter of law. Ordinarily, if the evidence produced by either side creates a fact issue with regard to the validity of the claim and, thus, the legitimacy of the denial thereof, the tort claim must fail and should not be submitted to the jury.”
8 later decisions quote this exact passage“[A]n actionable tort arises for an insurer's intentional refusal to settle a direct claim where there is either `(1) no lawful basis for the refusal coupled with actual knowledge of that fact or (2) intentional failure to determine whether or not there was any lawful basis for such refusal.'”
2 later decisions 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.