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← 671 So. 2d 1123 - Knowles v. Barnes

671 So. 2d 1123 - Knowles v. Barnes’s Empirical Analysis

1996

Citation profile

3
cited by 3 later decisions
1
states following
September 2018
most recently cited

3 state decisions

Relationships

Relies on Clement v. Frey · 630 So. 2d 714 - Segura v. Frank · Transamerican Natural Gas Corp. v. Zapata Partnership, Ltd. · 305 So. 2d 602 - Tillman v. Canal Insurance Co. · Tillman v. Canal Insurance

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

  1. “(1) Any person having a claim against an insurer shall be required first to exhaust all coverage provided by any other policy other than his own uninsured or underinsured motorist policy , including the right to a defense under the other policy, if the claim under the other policy arises from the same facts, injury or loss that gave rise to the covered claim against the association. The requirement to exhaust shall apply without regard to whether or not the other insurance policy is a policy written by a member insurer. However, no person shall be required to exhaust any right under the policy of an insolvent insurer or any right under a life insurance policy or annuity. (2) Any amount payable on a covered claim under this Part shall be reduced by the full applicable limits stated in the other insurance policy, or by the amount of the recovery under the other insurance policy as provided herein. The association and the insured shall receive a full credit for the stated limits, unless the claimant demonstrates that the claimant used reasonable efforts to exhaust all coverage and limits applicable under the other insurance policy. If the claimant demonstrates that the claimant used reasonable efforts to exhaust all coverage and limits applicable under the other insurance policy, or if there are no applicable stated limits under the policy, the association and the insured shall receive a full credit for the total recovery. * * * (c) The provisions of this Paragraph shall not app”
    1 later decision quote this exact passage
  2. “any amount payable by such other insurance shall act as a credit against the damages of the claimant, and the association shall not be liable for such portion of the damages of the claimant.”
    1 later decision quote this exact passage
  3. “judgment in favor of [the plaintiff] must be reduced by $109,918.20, representing the settlements paid by [the other insurers].”
    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.