133 N.C. App. 76 - Iodice v. Jones’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because “you” is expressly defined as the named insured and spouse, the Nationwide “excess” clause reads: “[A]ny insurance we provide with respect to a vehicle [Penney] do[es] not own shall be excess over any other collectible insurance.” It follows that Nationwide’s UIM coverage is not “excess” over other collectible insurance (and is, therefore, primary), because the vehicle in which the accident occurred is owned by Penney. The GEICO “excess” clause reads: “[A]ny insurance we provide with respect to a vehicle [Iodice’s mother] do[es] not own shall be excess over any other collectible insurance.” It follows that GEICO’s UIM coverage is “excess” (and is, therefore, secondary), because the vehicle in which the accident occurred is not owned by Iodice’s mother. Accordingly, Nationwide provides primary UIM coverage in this case.”

   3 later decisions quote this exact passage
   e.g. 195 N.C. App. 88 - Benton v. Hanford · Nationwide Mutual Insurance v. Integon National Insurance

2. “[generally, the first class of “persons insured” are the “named insured and, while resident of the same household, the spouse of any named insured and relatives of either, while in a motor vehicle or otherwise.” All persons in the first class are treated the same for insurance purposes. When “excess” clauses in several policies are identical, the clauses are deemed mutually repugnant and neither excess clause will be given effect, leaving the insured’s claim to be pro rated between the separate policies according to their respective limits.”

   1 later decision quote this exact passage
   e.g. Nationwide Mutual Insurance v. Integon National Insurance

3. “Both the GEICO policy and the Nationwide policy contain the following “other insurance” paragraph: [I]f there is other applicable similar insurance we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible insurance.”

   1 later decision quote this exact passage
   e.g. 195 N.C. App. 88 - Benton v. Hanford