Duke v. Hoch’s Empirical Analysis
468 F.2d 973 · 1972
Citation profile
17 federal appellate · 2 district · 20 state decisions
How this case has been cited
Cited by 47 later decisions — most recently August 2019 · most notably Continental Casualty Co. v. Canadian Universal Insurance (1991), Magnum Foods, Inc. v. Continental Casualty Co. (1994)
17 federal appellate · 2 district · 20 state decisions — followed in 13 states
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 223 So. 2d 713 - Shingleton v. Bussey · Auto Mutual Indemnity Co. v. Shaw · 250 So. 2d 259 - Thompson v. Commercial Union Ins. Co. of New York · Tiedtke v. Fidelity & Casualty Company of New York · Traders & General Ins. v. Rudco Oil & Gas Co.
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]t the merits trial [the insurer’s] counsel was required to make known to the insured[s] the availability of a special verdict and the divergence of interest between [the insureds] and the insurer springing from whether damages were or were not allocated. The record before us does not indicate that counsel did so. Since on the present record the insurer failed to fully advise its insureds of the divergence of interest between it and them with respect to the verdict, the insureds [and the judgment creditor, Duke] must, subject to the possibility noted in part III, infra, be freed of the impossible burden of proof placed on them.”
1 later decision quote this exact passage · from the majoritye.g. Buckley v. Orem“Section 4(b) of the Statement of Principles of the ABA and the Conference Committee on Adjusters states: The companies and their representatives, including attorneys, will inform the policyholder of the progress of any suit against the policyholder and its probable results. If any diversity of interest shall appear between the policyholder and the company, the'policyholder shall be fully advised of the situation. Id.”
1 later decision quote this exact passage · from the majority“There was no waiver arising from [the insurer’s] failure to secure from its insureds agreements to the reservation of rights. The reservation of rights, utilized to enable an insurer to meet vigorously and with undivided loyalty its duty to defend, while preserving for another time its day in court to determine its obligation under the policy to pay for the insured’s liability, is well recognized.”
1 later decision quote this exact passage · from the majority
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.