Malvaney v. Yager’s Empirical Analysis
1936
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently August 2020
18 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 Graffam v. Burgess · Schroeder v. Young · Ivy v. Hood · Reynolds v. London & Lancashire Fire Insurance Co. · Waite v. Shoemaker & Co.
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[C]ourts emphasize the sequence of events. They distinguish between foreclosure-after-loss and foreclosure-before-loss. When insured property is damaged prior to foreclosure, courts allow the purchasing mortgagee to retain under the mortgage clause those proceeds amounting to any deficiency after foreclosure. The mortgagor recovers the remainder of the proceeds. The courts conclude that once the deficiency is satisfied, the mortgagee’s additional recovery of proceeds representing undamaged property would amount to unjust enrichment since its bid represented the value of damaged property. Where the damage occurs after approval of the foreclosure sale and before expiration of the mortgagor’s right to redeem, courts have allowed the purchasing mortgagee to recover all the insurance proceeds should the mortgagor fail to redeem within the time period. The courts point out that the mortgagee’s bid represented the property in an undamaged state. The mortgagee is thus “entitled to what remains and to the money which stands in place of the lost portion of the property which he purchased.””
1 later decision quote this exact passage · from the majority“Likewise, the mortgagor may insure his interest without regard to that of the mortgagee, and, if he does so, his protection continues after foreclosure and throughout the period of redemption therefrom.”
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.