Public-domain · open source
OpenJurist
← 733 SO2D 277 - Hare v. State

Hare v. State’s Empirical Analysis

1999

Citation profile

27
cited by 27 later decisions
5
states following
June 2015
most recently cited

23 state decisions

How this case has been cited

Cited by 27 later decisions — most recently June 2015 · most notably Blue Cross & Blue Shield of Nebraska, Inc. v. Dailey (2004), 757 So. 2d 206 - Sennett v. US Fidelity and Guar. Co. (2000)

23 state decisions

170199920002010decided

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 444 So. 2d 358 - Brown v. Credit Center, Inc. · 106 Wis. 2d 263 - Rimes v. State Farm Mutual Automobile Insurance · 77 Wis. 2d 537 - Garrity v. Rural Mutual Insurance · 564 So. 2d 1346 - Palmer v. Biloxi Regional Medical Center, Inc. · Culver v. Insurance Co. of North America

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.

  1. “the general principle that an insurer is not entitled to equitable subrogation until the insured has been fully compensated.”
    3 later decisions quote this exact passage
  2. “[I]t is not to be overridden by contract language, because the intent of subrogation is to prevent a double recovery by the insured, especially here as expressly stated in the State Health Plan. Until the insured has been fully compensated, there cannot be a double recovery. Otherwise, to allow the literal language of an insurance contract to destroy an insured's equitable right to subrogation ignores the fact that this type of contract is realistically a unilateral contract of insurance and overlooks the insured's total lack of bargaining power in negotiating the terms of these types of agreements.”
    2 later decisions quote this exact passage
  3. “It is clear that the relationship between an insurance company and its insured is contractual in nature, with the rights and duties set out by the provisions of the insurance policy. Like all other contracts, insurance policies which are clear and unambiguous are to be enforced according to their terms as written. Thus, the plain terms of the insurance contract should be binding and controlling.”
    2 later decisions 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.