Cooper v. Firemen's Ins.’s Empirical Analysis
148 F.2d 337 · 1945
Citation profile
4 federal appellate ·
How this case has been cited
Cited by 6 later decisions — most recently April 2018
4 federal appellate ·
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 Perkins v. Century Insurance v. British General Insurance · Bernadich v. Bernadich · Alma State Savings Bank v. Springfield Fire & Marine Ins.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is the law of Michigan that in order to void a policy for fraud or false swearing the false swearing must have been done with an actual intent to defraud the insurer. Ber-nadich v. Bernadich, 287 Mich. 187, 144 , 283 N.W. 5 ; Alma State Savings Bank v. Springfield Fire & Marine Ins. Co., 268 Mich. 631, 634 , 256 N.W. 573 ; Perkins v. Century Ins. Co., 303 Mich. 679 , 7 N.W.2d 106 . “Indeed, so much the appellee concedes. It is also the law of Michi gan that where misrepresentations or false statements are claimed to void an insurance policy, intent to defraud is a question of fact for the jury. Bernadich v. Bernadich, supra. “Even were we to concede that a reasonable inference might have been drawn from the facts that the excessive valuation was made with an intention to deceive the appellee, it does not necessarily follow that it precluded all other reasonable inferences. The appellant’s counsel gave reasonable explanation for the figures used. The intention to deceive was denied both by him and the appellant. The insurance company adjuster was acquainted with all of the circumstances of the case at the time the proofs of loss were prepared. It was equally within the competence of the jury to find that the misrepresentation was made as the result of an honest mistake as to the technical meaning of ‘sound value,’ and in any event without an intention to deceive and defraud the appellee. The motion for directed verdict should have been denied and the case submitted.””
1 later decision quote this exact passage · from the majority
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.