Ramirez v. Ware’s Empirical Analysis
1996
Citation profile
12 state decisions
Relationships
Relies on 549 So. 2d 840 - Rosell v. Esco · 617 So. 2d 880 - Stobart v. State Through DOTD · 623 So. 2d 1257 - Youn v. Maritime Overseas Corp. · Mart v. Hill · Watson v. State Farm Fire and Cas. 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 12 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: (1) Misrepresenting pertinent facts or insurance policy provisions relating to any coverages at issue. * * * * * * 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. Such penalties, if awarded, shall not be used by the insurer in computing either past or prospective loss experience for the purpose of setting rates or making rate filings.”
2 later decisions quote this exact passage“did not carry her burden of proving that the insurer's actions were arbitrary, capricious, or without probable cause as required by the provisions of ... La.R.S. 22:658,”
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.