83 N.J. Super. 545 - Ebert v. Balter’s Empirical Analysis
1964
Citation profile
6 district · 23 state decisions
How this case has been cited
Cited by 34 later decisions — most recently November 1996 · most notably Griggs v. Bertram (1982), Ohio Casualty Insurance v. Flanagin (1965)
6 district · 23 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 Hotel Employees Local No. 255 v. Leedom · MERCHANTS IND. CORP., OF NY v. Eggleston · 28 N.J. Super. 68 - Danek v. Hommer · Danek v. Hommer · West Jersey Title & Guaranty Co. v. Industrial Trust 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Broadly speaking, an insurer who, with knowledge of the facts, assumes and conducts the defense of an action outside the coverage of the policy, cannot later disclaim liability by establishing the non-coverage. Cook v. Preferred Accident Insurance Co., 114 N.J.L. 141, 144 ( E. & A. 1935). However, the insurer, having a duty to defend even groundless suits, has an immediate right and duty to make such investigation as is reasonably necessary to determine the facts in connection with the claim as well as any possible defense. Such an investigation does not waive any defense the insurer might have under the policy. Kloidt v. Metropolitan Life Insurance Co. 18 N.J. Misc. 661, 672 ( Sup. Ct. 1939). The carrier must seek the facts with reasonable diligence and make its determination to perform or withdraw from the action within a reasonable period under the circumstances. Merchants Indemnity Corp. of New York v. Eggleston, 37 N.J. 114, 131 (1962); O'Dowd v. United States Fidelity & Guaranty Co., 117 N.J.L. 444 , 451 ( E. & A. 1937); 7 A Appleman, Insurance Law and Practice, sec. 4693, p. 529 (1962).”
1 later decision quote this exact passage · from the majority“The carrier must seek the facts with reasonable diligence and make its determination to perform or withdraw from the action within a reasonable period under the circumstances.”
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.