Previews, Inc. v. California Union Insurance’s Empirical Analysis
640 F.2d 1026 · 1981
Citation profile
21 federal appellate · 1 district · 11 state decisions
How this case has been cited
Cited by 47 later decisions — most recently November 2016 · most notably 162 Cal. App. 3d 358 - San Diego Navy Federal Credit Union v. Cumis Insurance Society (1984), Continental Casualty Co. v. City of Richmond (1985)
21 federal appellate · 1 district · 11 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 Erie Co v. Tompkins · Adickes v. S. H. Kress & Co. · 65 Cal. 2d 263 - Gray v. Zurich Insurance Co. · 61 Cal. 2d 638 - Tomerlin v. Canadian Indemnity Co. · 22 Cal. 3d 409 - Insurance of North America v. Sam Harris Construction 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.
“is not absolved from its duty to defend the lawsuit merely because it is forbidden by law or contract to indemnify the liability-causing action.”
2 later decisions quote this exact passage · from the majority“If the insured does not give an informed consent to continued representation [i.e., representation by counsel selected by the insurer], counsel must cease to represent both. Moreover, in the absence of such consent, where there are divergent interests of the insured and the insurer brought about by the insurer’s reservation of rights based on possible noncover-age under the insurance policy, the insurer must pay the reasonable cost for hiring independent counsel by the insured. The insurer may not compel the insured to surrender control of the litigation.”
1 later decision quote this exact passage · from the majority“allege facts which give rise to potential liability under the policy in order to trigger the insurer's duty to defend.”
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.