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← 751 SO2D 758 - Opar v. Allstate Ins. Co.

Opar v. Allstate Ins. Co.’s Empirical Analysis

2000

Citation profile

5
cited by 5 later decisions
2
states following
December 2006
most recently cited

5 state decisions

Relationships

Relies on 533 So. 2d 279 - Roe v. Amica Mut. Ins. Co. · Midwest Mutual Insurance Company v. Santiesteban · 685 So. 2d 1285 - State Farm Fire and Cas. Co. v. Licea · Hanover Fire Insurance v. B. C. Lewis & Sons · American Reliance v. Village Homes

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

  1. “a cause not covered, such as normal wear and tear, dry rot, or various other designated, excluded causes.”
    2 later decisions quote this exact passage
  2. “6. Appraisal. If you and we fail to agree on the amount of loss, either one can demand that the amount of loss be set by appraisal. If either makes a written demand for appraisal, each shall select a competent, independent appraiser. Each shall notify the other of the appraiser's identity within 20 days of receipt of the written demand. The two appraisers shall then select a competent, impartial umpire. If the two appraisers are unable to agree upon an umpire within 15 days, you or we can ask a judge of a court of record in the state where the residence premises is located to select an umpire. The appraisers shall then set the amount of the loss. If the appraisers submit a written report of an agreement to us, the amount agreed upon shall be the amount of the loss. If the appraisers fail to agree within a reasonable time, they shall submit their differences to the umpire. Written agreement signed by any two of these three shall set the amount of the loss. Each appraiser shall be paid by the party selecting that appraiser. Other expenses of the appraisal and the compensation of the umpire shall be paid equally by you and us.”
    1 later decision quote this exact passage
  3. “[i]f the trial court determines, when the case is fully tried on its merits, that the damage was caused by a covered peril, windstorm, then Allstate will be bound immediately by the amount ascertained by appraisal. . . . If, on the other hand, a coverage defense is determined successful in whole or in part, then Allstate would either not be liable, or would be liable only in part for the amount.”
    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.