90 N.C. App. 357 - Brace v. Strother’s Empirical Analysis
1988
Citation profile
9
cited by 9 later decisions
2
states following
May 2014
most recently cited
8 state decisions
Relationships
Relies on Matter of Estate of Adamee · Brown v. Lumbermens Mutual Casualty Company · McIntyre v. Josey
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) All claims against a decedent’s estate which arise at or after the death of the decedent . . . founded on . . . tort . . . are forever barred against the estate . . . unless presented to the personal representative or collector as follows: * * * * (2) . . . within six months after the date on which the claim arises. (i) Nothing in this section shall bar: (1) Any claim alleging the liability of the decedent . . . * * * * to the extent that the decedent or personal representative is protected by insurance coverage with respect to such claim ....”
2 later decisions quote this exact passage“[p]laintiff had an outside time limit of six months, or until 2 January 1985, to file an action against the decedent’s estate. Since plaintiff did not initiate this action until 13 June 1986, he is clearly barred from recovering anything from the decedent’s estate, except “to the extent that the decedent... is protected by insurance coverage with respect to such claim . ...” N.C. Gen. Stat. § 28A-19-3(i) (1984). The decedent in this case had an automobile liability insurance policy with Nationwide with policy limits of $25,000 for bodily injury. Plaintiff may recover only up to this amount if he prevails in his negligence action against decedent’s personal representative or collector.”
1 later decision quote this exact passagee.g. Ragan v. Hill“... from the [underinsured] motorist the contract upon which he sues precludes him from recovering against [the UIM carrier].'”
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.