Maston v. Harper’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The Guaranty Act was designed to put claimants and policyholders in the same position in which they would have been had the policyholders’ insurance company remained solvent.’ Hetzel v. Clarkin, [ 244 Kan. at 706 .] To prohibit an uninsured motorist insurer from recovering the difference between the limit of the insured’s policy with an insolvent insurer and the damages for which the insured is hable when those damages exceed the policy limit is to put the insured in a better position than if his or her insurer had remained solvent. If the insurer were solvent, the insured would remain personally hable for any damages exceeding his or her liability policy. Under the blanket prohibition espoused by Harper and evidently endorsed by Bartee , this personal liability is erased as long as the insurer is insolvent.” 18 Kan. App. 2d at 743 .”

   1 later decision quote this exact passage
   e.g. Exploration Place, Inc. v. Midwest Drywall Co., Inc.

2. ““Bartee seems to indicate that an uninsured motorist carrier such as Shelter cannot in any instance exercise subrogation against the insured of the insolvent insurer. This prohibition is appropriate in cases where the damages for which the insured is liable do not exceed the limits of the coverage the insured had with tire insolvent insurer. In these instances, making the insured pay or reimburse the uninsured motorist carrier would cause financial loss to the insured because of the insolvency of his or her liability carrier. This result would contravene the Act’s express purpose. See K.S.A. 40-2901.” 18 Kan. App. 2d at 743 .”

   1 later decision quote this exact passage
   e.g. Exploration Place, Inc. v. Midwest Drywall Co., Inc.