Henry v. Johnson’s Empirical Analysis

Citation profile

14 federal appellate · 12 district · 26 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is a well-established rule that where an insurance company under a liability policy takes charge of the only defense which may then be imposed to an action on which liability rests (here, a motion to set aside a default judgment and answer on the merits), it will be estopped from thereafter questioning the claim because it was beyond the terms of the policy or because of a breach of a noncoverage clause, unless it gives notice of its right to set up the defense of noncoverage under an adequate and proper non-waiver and reservation of rights notice to the insured. [Citations omitted.]” (Emphasis added.) 191 Kan. at 376 .”

   2 later decisions quote this exact passage · from the majority
   e.g. First Financial Insurance v. Bugg · Bogle v. Conway

2. ““Dear Mr. Johnson: “With respect to the automobile accident occurring on December 16, 1957, at Pawnee and Ridgewood Streets in which you were involved, you are hereby notified that the Allstate Insurance Company in investigating the said accident or any claim arising therefrom, or in negotiating for compromise settlement, or in making any settlement or in defending any suit against you or others, or in undertaking to set aside the judgment entered against you on October 30, 1958, in the District Court of Sedgwick County, Kansas, Case No. A-73383, and to take whatever further action shall be deemed advisable, or in any other way acting or failing to act, does not waive any of its rights or admit any obligations under the policy. “We are making this reservation of rights because of your failure to comply with the policy conditions entitled ‘2, Notice of Claim or Suit’ and ‘8, Assistance and Cooperation of the Insured’ and for other reasons. “The service of this notice upon you does not deprive you of any rights you may have against this oompany.” (p. 370.)”

   1 later decision quote this exact passage · from the majority
   e.g. Bogle v. Conway

3. “and hence was ineffective to reserve to appellant the right to disclaim liability under its policies and save it from the bar of waiver or estoppel in the garnishment proceeding. Therefore, the trial court correctly rendered summary judgment against appellant.”

   1 later decision quote this exact passage · from the majority
   e.g. Becker v. The Bar Plan Mut. Ins. Co.