Hall v. Wiesner’s Empirical Analysis
1994
Citation profile
1
cited by 1 later decisions
September 2005
most recently cited
Relationships
Relies on Anderson v. Liberty Lobby, Inc. · Ross v. Communications Satellite Corp. · Felty v. Graves-Humphreys Co. · Miller v. Federal Deposit Insurance · 179 W. Va. 125 - Bias v. Nationwide Mutual Insurance
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“must be afforded a mandatory connotation. Syl. Pt. 1, Nelson v. West Virginia Public Employees Insurance Board, 171 W.Va. 445 , 300 S.E.2d 86 (1982). Where an offer of optional coverage is required by statute, the insurer has the burden of proving that an effective offer was made, Holman v. All Nation Insurance Co., 288 N.W.2d 244 (Minn.1980), and that any rejection of said offer by the insured was knowing and informed, Kimbrell v. Great American Ins. Co., 420 So.2d 1086 (Fla.1982); Lane v. Waste Management, Inc., 432 So.2d 70 (Fla.App.Dist.1983). The insurer’s offer must be made in a commercially reasonable manner, so as to provide the insured with adequate information to make an intelligent decision. State Farm Mutual Automobile Insurance Co. v. Wannamaker, 291 S.C. 518 , 354 S.E.2d 555 (1987). The offer must state, in definite, intelligible, and specific terms, the nature of the coverage offered, the coverage limits, and the costs involved.”
1 later decision quote this exact passage“When an insurer is required by statute to offer optional coverage, it is included in the policy by operation of law when the insurer fails to prove an effective offer and a knowing and intelligent rejection by the insured. Bias, 365 S.E.2d at 791 . When it is found that an insurer failed to prove that an effective offer was made and that a waiver was knowing and informed, the amount of coverage included in the policy by operation of law is the amount the insurer is required to offer under the statute (the limits of bodily injury liability insurance in the policy). Riffle v. State Farm Mut. Auto. Ins. Co., 186 W.Va. 54 , 410 S.E.2d 413, 414 (1991).”
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.