Fasso v. Doerr’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “[i]f the sources of recovery ultimately available are inadequate to fully compensate the insured for its losses, then the insurer—who has been paid by the insured to assume the risk of loss—has no right to share in the proceeds of the insured's recovery from the tortfeasor.”

   2 later decisions quote this exact passage · from the majority
   e.g. World Trade Ctr. Props. LLC v. Certain Underwriters at Lloyd's (In re Sept. 11 Litig.) · 723 F. Supp. 2d 534 - In Re September 11 Litigation

2. “plaintiffs would receive $900,000, Dr. Doerr would not admit wrongdoing[,] and [the insurance carrier's] equitable subrogation claim would be dismissed on the basis that Mrs. Fasso was not 'made whole' since the settlement payment was less than her actual damages.”

   1 later decision quote this exact passage · from the majority
   e.g. World Trade Ctr. Props. LLC v. Certain Underwriters at Lloyd's (In re Sept. 11 Litig.)

3. “that the 'made whole' rule preclude[d] [the insurance carrier] from pursuing equitable subrogation against the doctor ... because plaintiffs settled for less than the total damages caused by Dr. Doerr's alleged negligence.'”

   1 later decision quote this exact passage · from the majority
   e.g. World Trade Ctr. Props. LLC v. Certain Underwriters at Lloyd's (In re Sept. 11 Litig.)