Fabric v. Provident Life & Accident Insurance’s Empirical Analysis
115 F.3d 908 · 1997
Citation profile
7 federal appellate · 7 state decisions
How this case has been cited
Cited by 22 later decisions — most recently January 2017
7 federal appellate · 7 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 Stoner v. California · Fountain v. Filson · Procter & Gamble Independent Union of Port Ivory v. Procter & Gamble Manufacturing Co. · United States v. Tincher · Dickeson v. Quarberg
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.
“"The power of an appellate court to order summary judgment for a party who did not move for it in the district court has been widely recognized by circuit courts and other authorities, including our predecessor, the Fifth Circuit, in a decision binding on us. Black Warrior Elec. Membership Corp. v. [Mississippi] Power Co., 413 F.2d 1221, 1226 (5th Cir.1969); see, e.g., Dickeson v. Quarberg, 844 F.2d 1435, 1444, n. 8 (10th Cir.1988); Martinez v. [United States], 669 F.2d 568, 570 (9th Cir.1981); Morgan Guar. Trust Co. v. Martin, 466 F.2d 593, 600 (7th Cir.1972); Garner v. Memphis Police Dept., 8 F.3d 358, 366 (6th Cir.1993); In re Continental Airlines, 981 F.2d 1450, 1458-59 (5th Cir.1993); Uzzell v. Friday, 547 F.2d 801, 805 (4th Cir.1977), vacated on other grounds, 438 U.S. 912 , 98 S.Ct. 3139 , 57 L.Ed.2d 1158 (1978); Viger v. Commercial Ins. Co., 707 F.2d 769, 774 (3rd Cir.1983); Procter & Gamble Indep. Union v. Procter & Gamble [Mfg. Co.], 312 F.2d 181 (2nd Cir.1962), cert. denied, 374 U.S. 830 , 83 S.Ct. 1872 , 10 L.Ed.2d 1053 (1963); First Nat'l Bank v. Maryland Cas. Co., 290 F.2d 246 , 251 (2nd Cir.1961); Mullen v. St. Paul Fire & Marine Ins. Co., 972 F.2d 446 (1st Cir.1992). "Summary judgment in favor of a non-moving party has become an accepted method for an appellate court to expedite litigation. Morgan Guar. Trust Co., 466 F.2d at 600 . There the court found that its grant of summary judgment to a non-movant was `just under the circumstances' in light of a fully de”
2 later decisions quote this exact passage“Any statement or description made by or on behalf of an insured ... in an application for an insurance policy ... is a representation and not a warranty. A misrepresentation, omission, concealment of fact, or incorrect statement may prevent recovery under the contract or policy only if any of the following apply: (a) The misrepresentation, omission, concealment, or statement is fraudulent or is material either to the acceptance of the risk or to the hazard assumed by the insurer. (b) If the trae facts had been known to the insurer pursuant to a policy requirement or other requirement, the insurer in good faith would not have issued the policy or contract ...”
1 later decision quote this exact passagee.g. Wimberg v. Chandler“(3) My voting precinct (or place where I vote) is: ______________________________________________________________________________________________________________”
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.