657 So. 2d 672 - Khaled v. Windham’s Empirical Analysis
1995
Citation profile
1 federal appellate · 25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently November 2014 · most notably Myers v. Broussard (1997), 742 So. 2d 746 - Block v. St. Paul Fire & Marine Ins. Co. (1999)
1 federal appellate · 25 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 617 So. 2d 880 - Stobart v. State Through DOTD · 475 So. 2d 1085 - McDill v. Utica Mut. Ins. Co. · State ex rel. Warner v. State · State ex rel. Starwood v. State · 655 So. 2d 431 - Daigle v. US Fidelity and Guar. Ins. 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A. An insurer ... owes to his insured a duty of good faith and fair dealing. The insurer has an affirmative duty to adjust claims fairly and promptly and to make a reasonable effort to settle claims with the insured or the claimant, or both. Any insurer who breaches these duties shall be liable for any damages sustained as a result of the breach. B. Any one of the following acts, if knowingly committed or performed by an insurer, constitutes a breach of the insurer's duties imposed in Subsection A: * * * (5) Failing to pay the amount of any claim due any person insured by the contract within sixty days after receipt of satisfactory proof of loss from the claimant when such failure is arbitrary, capricious, or without probable cause. C. In addition to any general or special damages to which a claimant is entitled for breach of the imposed duty, the claimant may be awarded penalties assessed against the insurer in an amount not to exceed two times the damages sustained or five thousand dollars, whichever is greater.”
3 later decisions quote this exact passage“as follows: that which is sufficient to fully apprise the insurer of the insured's claim. To establish a”
3 later decisions quote this exact passagee.g. Myers v. Broussard · Spear v. Tran“In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.”
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.