Corcoran v. Becker’s Empirical Analysis

Citation profile

12 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In opposing the defendants’ discovery requests, plaintiff again relies on the position that the distinction between the Superintendent’s dual identities should prevent the Superintendent’s office as Regulator from being required to comply with the discovery requests, since the Superintendent as Regulator is not a party to the action. However, as the motion court correctly noted, examination of a party in a different capacity may be had when its conduct in that other capacity has been placed in issue. * * * Here, the conduct of the Superintendent prior to the time of liquidation has been placed squarely in issue. The plaintiff has under his control, in the Insurance Department, special and direct knowledge vital to the action and must disclose all information material and relevant to this action whether in his capacity as Regulator or Liquidator. Similarly unsupportable is plaintiffs further contention that because the Superintendent, as Regulator, is a separate and distinct third party, any deposition of his employees should be treated as depositions of “non party witnesses”, which would be available to the defendants only by means of subpoena in compliance with CPLR 3106(b), and that any documents in the Superintendent’s possession should be discoverable only by means of court order in compliance with CPLR 3120(b). The reason for the cited provisions regarding discovery of non-party witnesses is to ensure that a non-party has notice and an opportunity to contest the discover”

   2 later decisions quote this exact passage · from the majority
   e.g. 159 Ohio App. 3d 265 - Benjamin v. Sawicz · State Ex Rel. Dewey & Leboeuf, LLP v. Crane

2. “When acting as statutory liquidator of an insolvent insurer, the Superintendent is essentially a court-appointed private trustee who for all practical purposes takes the place of the insolvent insurer and stands in its shoes * * * and by virtue of the power derived from the statute and the court order appointing him, the Superintendent as liquidator acquires all property and rights of action of the liquidated company * * *. The Superintendent, as liquidator of an insurance company, does therefore, occupy a legal personality separate and distinct from the Superintendent of Insurance as the public official charged with regulating the industry generally.”

   1 later decision quote this exact passage · from the majority
   e.g. 167 Ohio App. 3d 350 - Benjamin v. Ernst & Young, L.L.P.