Foster v. Johnstone’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 15 state decisions

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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. WE WILL PAY 1. Damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury sustained by a covered person and caused by an accident. The owner’s or operator’s liability for these damages must arise out of the ownership, maintenance or use of an uninsured motor vehicle. Any judgment for damages arising out of a suit brought without our written consent is not binding on us. 5. The meaning of uninsured motor vehicle includes underinsured motor vehicle subject to the following provisions: a. Underinsured Motor Vehicle means a land motor vehicle or trailer for which the sum of all liability bonds or policies at the time of an accident provides at least the amount required by the applicable law where such vehicle is principally garaged but their limits of liability are less than the limit of this insurance. However, underinsured motor vehicle does not include an uninsured motor vehicle. b. We will pay only after all liability bonds or policies have been exhausted by judgments or payments. C. OUR LIMIT OF LIABILITY: 1. Regardless of the number of covered cars, insureds, claims made or vehicles involved in the accident or premiums shown on the Coverage Page, the most we will pay for bodily injury resulting from any one accident is the Uninsured Motorist limit shown for the covered car on the Coverage Page. 2. Any amounts otherwise payable for damages under this coverage will be reduced by: a. All su”

   2 later decisions quote this exact passage · from the dissent
   e.g. Mutual of Enumclaw v. Box · Gordon v. Three Rivers Agency, Inc.

2. “[W]here a policy holder is induced to enter into a contract in reasonable reliance on promises of or agreements with the soliciting representative of that insurance company thereby leaving the insured person or property otherwise unprotected, and the company profits from that change of position, ... the insurance company is es-topped to deny the liability for which it actually contracted by raising provisions from its own printed policy form.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Shoup v. Union Security Life Insurance · Young v. State Farm Mutual Automobile Insurance