Hendley v. American National Fire Insurance’s Empirical Analysis
842 F.2d 267 · 1988
Citation profile
3 federal appellate ·
How this case has been cited
Cited by 6 later decisions — most recently February 2015
3 federal appellate ·
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 Chaachou v. American Central Insurance · Colonial Life & Accident Insurance v. McClain · 168 Ga. App. 155 - Fortson v. Cotton States Mutual Insurance · Berry v. Federal Kemper Insurance Co. · New York Life Insurance v. Williamson
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, when the court demands that fraud be pled with particularity, it does not read any provision into the contract between the insurer and the insured; instead, it applies an external, purely procedural rule to the contract as it stands. Secondly, requiring the insurer to plead fraud more specifically will not force it to pay claims which it suspects may be false. The insurer remains free to deny the claim so long as it understands that it must give the court and the opposing party a reason why it did so. In essence American National attempts to convince us that fraud is not always fraud. We disagree.”
1 later decision quote this exact passage · from the majority“[T]he judgment should be affirmed if there is any evidence to support it unless it can be said as a matter of law that there was a reasonable defense which vindicates the good faith of the insurer.”
1 later decision quote this exact passage · from the majority“never earmarked any facts as demonstrative of fraud”
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.