75 N.C. App. 387 - Dailey v. Integon General Ins. Corp.’s Empirical Analysis
1985
Citation profile
3 federal appellate · 51 state decisions
How this case has been cited
Cited by 77 later decisions — most recently March 2026 · most notably Erie Insurance v. Hickman Ex Rel. Smith (1993), 99 N.C. App. 587 - Forbes v. Par Ten Group, Inc. (1990)
3 federal appellate · 51 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 Stanback v. Stanback · Oestreicher v. American National Stores, Inc. · Newton v. Standard Fire Insurance · Dickinson v. Pake · Harris & Harris Construction Co. v. Crain & Denbo, Inc.
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“honest disagreement or innocent mistake,”
3 later decisions quote this exact passage““[W]hen there is an identifiable tort even though the tort also constitutes, or accompanies, a breach of contract, the tort may itself give rise to a claim for punitive damages.” . . . “Even when sufficient facts are alleged to make out an identifiable tort, however, the tortious conduct must be accompanied by or partake of some element of aggravation before punitive damages will be allowed.” [Newton v. Standard Fire Insurance Co., 291 N.C. 105, 111-12 , 229 S.E. 2d 297, 301 (1976).] In the sense used here, aggravated conduct has long been defined to include “fraud, malice, gross negligence, insult, . . . wilfully, or under circumstances of rudeness or oppression, or in a manner which evinces a reckless and wanton disregard of the plaintiffs rights.” Baker v. Winslow, 184 N.C. 1, 5 , 113 S.E. 570, 572 (1922).”
2 later decisions quote this exact passage“The general rule as it has often been stated in the opinions of this Court is that punitive damages are not recoverable for breach of contract with the exception of breach of contract to marry. But when the breach of contract also constitutes or is accompanied by an identifiable tortious act, the tort committed may be grounds for recovery of punitive damages. Our recent holdings in this area of the law clearly reveal, moreover, that allegations of an identifiable tort accompanying the breach are insufficient alone to support a claim for punitive damages. In Newton the further qualification was stated thusly: “Even where sufficient facts are alleged to make out an identifiable tort, however, the tortious conduct must be accompanied by or partake of some element of aggravation before punitive damages will be allowed.””
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.