Crown Life Ins. Co. v. Smith’s Empirical Analysis
1995
Citation profile
1 district · 26 state decisions
How this case has been cited
Cited by 27 later decisions — most recently June 2013 · most notably 875 So. 2d 1143 - Waddell & Reed, Inc. v. UNITED INVEST. LIFE INS. CO. (2003), 701 So. 2d 507 - BMW of North America, Inc. v. Gore (1997)
1 district · 26 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 493 So. 2d 1374 - Hammond v. City of Gadsden · 539 So. 2d 218 - Green Oil Co. v. Hornsby · 539 So. 2d 160 - Alpine Bay Resorts, Inc. v. Wyatt · 510 So. 2d 214 - Ashbee v. Brock · Henderson by Hartsfield v. Alabama Power
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 jury's verdict is presumed correct and will not be disturbed unless it is plainly erroneous or manifestly unjust. Crown Life Insurance Co. v. Smith , 657 So.2d 821 (Ala. 1994). In addition, a judgment based upon a jury verdict and sustained by the denial of a postjudgment motion for a new trial will not be reversed unless it is plainly and palpably wrong. National Security Ins. Co. v. Donaldson , 664 So.2d 871 (Ala. 1995). Because the jury returned a verdict for [Bradley], any disputed questions of fact must be resolved in [his] favor, and we must presume that the jury drew from the facts any reasonable inferences necessary to support its verdict. State Farm Auto. Ins. Co. v. Morris , 612 So.2d 440 , 443 (Ala. 1993). In short, in reviewing a judgment based on a jury verdict, this Court must review the record in a light most favorable to the appellee. Liberty National Life Ins. Co. v. McAllister , 675 So.2d 1292 (Ala. 1995)."”
8 later decisions quote this exact passage“"`To establish conversion, one must present proof of a wrongful taking, an illegal assumption of ownership, an illegal use or misuse of another's property, or a wrongful detention or interference with another's property. It is well settled that money may be subject to a conversion claim, where there is an obligation to keep that money intact or deliver it. Generally, an action for conversion of money will not lie unless the *Page 940 money is specific and capable of identification. '"”
3 later decisions quote this exact passage“"Checks, and the property rights represented thereby, may be the subject of a conversion action. Alfa Mut. Ins. Co. v. Veal , 622 So.2d 1292 (Ala. 1993). A conversion action may also lie in regard to the cash surrender value of an insurance policy. Hamilton v. Hamilton , 255 Ala. 284 , 51 So.2d 13 (1950). "We conclude that the trial court properly submitted the Smiths' conversion claim to the jury. Land forged the Smiths' signatures onto the Smiths' Crown premium checks, received the funds represented by those checks, and deposited those funds into his own corporation's accounts. These refund checks were specific, identifiable property that represented funds owed from Crown to the Smiths. Land wrongfully exercised dominion over the checks through his forgeries upon the checks and his retention of the funds; therefore, Land converted these checks. See Alfa Mut. Ins. Co. v. Veal , 622 So.2d 1292 (Ala. 1993). "Land also committed conversion when he took unauthorized loans on the cash values of the Smiths' Crown whole life insurance policies. Whole life insurance policies, unlike term life insurance policies, have both an insurance and a savings feature. See R. Keeton and A. Widiss, Insurance Law § 1.5(c)(1) (1988); Couch on Insurance 2d § 1:73 (Rev. ed. 1984). The owner of such policies builds up an interest-bearing, specific cash value in the policy, based upon the amount of premiums paid, against which he may borrow. The owner of the policy may also cancel the policy and recei”
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.