Rossetti v. Hill’s Empirical Analysis
161 F.2d 549 · 1947
Citation profile
5 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 12 later decisions — most recently January 1999
5 federal appellate · 1 district · 5 state decisions
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 Chartrand v. Brace · Rossetti v. Hill · Northwestern Mut. Life Ins. v. Fink · Kottmann v. Gazett
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““But the widow, the direct beneficiary, was alive when insured died, and, therefore, by the terms of the policy the unqualified right to the insurance benefits vested in her at the first point of time occurring after insured’s death. The reasoning in Chartrand v. Brace, 16 Colo. 19 [ 26 P. 152 , 12 L.R.A. 209 , 25 Am.St.Rep. 235 ], and in Kottman v. Minnesota Odd Fellows Mut. Ben. Soc., 66 Minn. 88 [ 68 N.W. 732 ], is sound, as we see it. All that remained for the widow to have the benefits actually in hand, or, in lieu thereof, the right to it by installments, was to send the proof of death of insured to the insurance company, which was done, and to make and to inform the company of her election as to how she would receive the money, which was never done. “Neither the insurance company nor anyone else had the slightest claim upon the title to the money, but a burden was upon the company to hold and protect it. The widow died before she communicated her choice of how she would receive the benefits, and since she was entitled to the whole thereof, and the installment option was in lieu thereof, the total of all benefits were payable when the death prevented a choice being made.””
1 later decision quote this exact passage · from the majoritye.g. Mayr v. Arana“The share of any direct beneficiary who dies before receiving payments due or to become due shall be payable in equal shares to such direct beneficiaries as survive to receive payment. At the death of the last surviving direct beneficiary payments due or to become due shall be payable in equal shares to such contingent beneficiaries as survive to receive payment.”
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.