Phoenix Ins Co of Brooklyn v. Erie Western Transp Co’s Empirical Analysis

Citation profile

11 federal appellate · 17 district · 84 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 154 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When goods insured are totally lost, actually or constructively, by perils insured against, the insurer, upon payment of the loss, doubtless becomes subrogated to all the assured’s rights of action against third persons who have caused or are responsible for the lose. No express stipulation in the policy of insurance or abandonment by the assured is necessary to perfect the title of the insurer. From the very nature of the contract of insurance as a contract of indemnity, the insurer, when he has paid to the assured the amount of the indemnity agreed oil between them, is entitled, by way of salvage, to the benefit of anything that may be received, either from remnants of the goods or other damages paid by third persons for the same loss.””

   4 later decisions quote this exact passage · from the majority
   e.g. Grummond v. The Burlington · Van Schaick v. Commissioner

2. ““Contracts of reinsurance, by which one insurer causes the sum which he has insured to be reassured to him by a distinct contract with another insurer, with the object of indemnifying himself against his own responsibility, (though prohibited for a time in England by statute,) are valid by the common law, and have always been lawful in this country; * * *. 3 Kent Com. 278, 279; Sun Ins. Co. v. Ocean Ins. Co., 107 U. S. 485 ; Mackenzie v. Whitworth, L. R. 10 Ex. 142, and 1 Ex. D. 36.””

   1 later decision quote this exact passage · from the majority
   e.g. Agassiz & Odessa Mutual Fire Insurance v. Magnusson

3. “The right of action against another person, the equitable interest in which passes to the insurer, being only that which the assured has, it follows that if the assured has no such right of action, none passes to the insurer; and that if the assured's right of action is limited or restricted by lawful contract between him and the person sought to be made responsible for the loss, a suit by the insurer, in the right of the assured, is subject to like limitations and restrictions.”

   1 later decision quote this exact passage · from the majority
   e.g. Insurance Co. v. . R. R.