Bernard v. Ellis’s Empirical Analysis
2012
Citation profile
1 federal appellate · 41 state decisions
Relationships
Relies on Smith v. OUR LADY OF LAKE HOSP. · 634 So. 2d 1180 - Reynolds v. Select Properties, Ltd. · Louisiana Ins. Guar. Ass'n v. Interstate Fire & Casualty Co. · 950 So. 2d 544 - Duncan v. USAA Ins. Co. · 739 So. 2d 191 - Magnon v. Collins
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n insurance policy should not be interpreted in an unreasonable or a strained manner so as to enlarge or to restrict its provisions beyond what is reasonably contemplated by its terms or so as to achieve an absurd conclusion.”
3 later decisions quote this exact passage · from the majority“A. Coverage 1. We will pay all sums the "Insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "Insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". * * * B. Who Is An Insured If the Named Insured is designated in the Declarations as: 1. An individual, then the following are "Insureds": a. The Named and any "family members". b. Anyone else "occupying" with the Named Insured's express or implied permission a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. c. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". d. Anyone else "occupying" an "auto" the Named Insured does not own who is an "Insured" for Covered Autos Liability under the Coverage Form, but only at times when that person is an "insured" for Covered Autos Liability under the Coverage Form. 2. A partnership, limited liability company, corporation or any other form of organization, then the following are "Insureds": a. Anyone "occupying" with the Named Insured's express or implied permission a covered "auto" or a temporary or substitute for a covered "auto". The covered "auto" must be out of ser”
2 later decisions quote this exact passage · from the majority“[a]n insurance policy is a contract between the parties and should be construed by using the general rules of interpretation of contracts set forth in the Civil Code.”
2 later decisions 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.