Case Citator › Tokles & Son, Inc. v. Midwestern Indemnity Co.

Tokles & Son, Inc. v. Midwestern Indemnity Co.

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Supreme Court of Ohio
Citation
65 Ohio St. 3d 621
Decided
Confirmed treatments
1
Flagged citations read
38 of 38
Citing cases (total)
38
Treatment dates
1994
Abrogated
A reviewed court treats this case as abrogated by later authority. Tokles & Son, Inc. v. Midwestern Indemnity Co. was abrogated as to the intent requirement it adopted for insurer bad faith. The Ohio Supreme Court later held that an insured need not prove actual intent to deny a claim without justification.
More on how this was screened

That treatment is listed below. All 38 flagged citations have been read; later opinions continue to apply Tokles's reasonable justification analysis and its separate rules on property valuation and summary judgment.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

38 later cases cite Tokles & Son, Inc. v. Midwestern Indemnity Co.; 38 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Tokles & Son, Inc. v. Midwestern Indemnity Co.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Ohio Supreme Court eliminated the actual intent element of insurer bad faith that Tokles had drawn from the earlier Said decision.

    Zoppo v. Homestead Insurance · Supreme Court of Ohio · filed

    For the reasons that follow, we overrule Said and hold that actual intent is not an element of the tort of bad faith.
    Read the full opinion on CourtListener →

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