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← 679 F.2d 803 - Healy Tibbitts Construction Co. v. Insurance Co. of North America

Healy Tibbitts Construction Co. v. Insurance Co. of North America’s Empirical Analysis

679 F.2d 803 · 1982

Citation profile

44
cited by 44 later decisions
2
states following
March 2017
most recently cited

21 federal appellate · 4 district · 2 state decisions

How this case has been cited

Cited by 44 later decisions — most recently March 2017 · most notably Owens v. Kaiser Foundation Health Plan, Inc. (2001), Simmons v. Navajo County (2010)

21 federal appellate · 4 district · 2 state decisions

2201982199020002010decided

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 10 Cal. 3d 94 - State Farm Mutual Automobile Insurance v. Partridge · 15 Cal. 3d 9 - Johansen v. California State Automobile Ass'n Inter-Insurance Bureau · Andre Backar, Cross-Appellee v. Western States Producing Company (Now Hytech Energy Corporation) and Wayman W. Buchanan, Cross-Appellants · Morgan Guaranty Trust Co. v. Blum

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

  1. “The defendant should be permitted to raise its policy exclusions defense in a motion for summary judgment, whether or not it was specifically pleaded as an affirmative defense, at least where no prejudice results to the plaintiff. 6 Pt. 2 Moore’s Federal Practice, § 56.17[4] at 56-737 (2 ed. 1980). Here, both parties were aware of the policy exclusion; it was discussed by Healy in its opposition to the motion for summary judgment. See Baker v. Western States Producing Co., 547 F.2d 876, 881 (5th Cir.1977).”
    1 later decision quote this exact passage · from the majority
  2. “There is no merit to the [insured's] allegations of bad faith. The fact that the [claim] was excluded from coverage precludes a question of bad faith refusal to settle.”
    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.