Topmiller v. Cain’s Empirical Analysis
1983
Citation profile
2 district · 22 state decisions
How this case has been cited
Cited by 26 later decisions — most recently May 2021 · most notably Lovelace Medical Center v. Mendez Ex Rel. Mendez (1991), Hood v. Fulkerson (1985)
2 district · 22 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 Loucks v. Albuquerque National Bank · Duke City Lumber Company, Inc. v. Terrel · 129 Cal. App. 2d 810 - Valdez v. Taylor Automobile Co. · Reed v. Styron · Terrel v. Duke City Lumber Company, Inc.
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true that, as defendant points out, some courts have stated that agents and brokers will be liable for losses only up to the limits of the policy applied for. This statement is correct as a general rule because, even if he were insured, the plaintiff's losses would have been covered only to the extent of the policy limits. See, e.g., Valdez v. Taylor Automobile Co., 129 Cal. App.2d 810 , 278 P.2d 91 (1955). However, the rule has no application to additional, consequential losses sustained, not by reason of the occurrence of the contingency insured against (such as fire, theft, etc.), but by reason of defendant's breach of contract or negligent failure to secure coverage (such as loss of profits due to unnecessary delay in obtaining reimbursement for the original loss).”
1 later decision quote this exact passage“Compensatory damages are recoverable if they proximately result from a 'violation of a legally-recognized right of the person seeking the damages, whether such be a right in contract or tort.'”
1 later decision quote this exact passage“theory of damages is to make an injured person whole,”
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.