Breaux v. Klein’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We fear that to expose LIGA to the possible thousands of claims for arbitrary and capricious non-payment by insolvent insurers, particularly in the wake of Champion's demise, could potentially threaten the very existence of the insurance guaranty fund which has as its avowed statutory purpose the avoidance of excessive delay in payment and the avoidance of financial loss to claimants or policyholders. We note further that under the 1990 amendment to R.S. 22:1379 ... statutory penalties and attorney fees are specifically excluded from a covered claim." (Footnote omitted.) Breaux v. Klein, 572 So.2d 656 , at page 659 (La.App. 5 Cir.1990).”

   7 later decisions quote this exact passage
   e.g. Mosley v. Industrial Claim Appeals Office · Gauthier v. Champion Ins. Co.

2. “We will first address plaintiff's argument that a claim for `bad faith' damages is within the scope of the Insurance Guaranty Association Act. Plaintiff urges that the Association, by statute, is required to `step into the shoes' of the insolvent insurance carrier and to assume responsibility for all debts owed to the company's insured or to claimants under the insured's policy. This statement is too broad. Under the Act, the Association is liable for only `covered claims.' A covered claim is an `unpaid claim, ... which arises out of and is within the coverage of an insurance policy to which [the Act] applies.' RCW 48.32.030(4). As the courts of this state have uniformly held that an action by an insured against his carrier for bad faith in handling a claim or suit sounds in tort rather than contract, (Citations omitted), we must conclude that a claim for such damages is not a `covered claim' within the meaning of RCW 48.32.030(4). (Emphasis added.)”

   3 later decisions quote this exact passage
   e.g. Gauthier v. Champion Ins. Co. · Williams v. Champion Ins. Co.

3. “A. The association shall: (1)(a) Be obliged to the extent of the covered claims existing prior to the determination of the insurer's insolvency... * * * * * * (2) Be deemed the insurer to the extent of its obligation on the covered claims and to such extent shall have all rights, duties and obligations of the insolvent insurer as if the insurer had not become insolvent.”

   3 later decisions quote this exact passage
   e.g. Gauthier v. Champion Ins. Co. · 635 So. 2d 323 - Zachary v. Champion Insurance Co.