Close v. Ebertz’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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The interpretation of an insurance policy is a question of law, fully reviewable on appeal. This Court reviews the trial court’s interpretation by independently construing and examining the insurance policy. We look first to the language of the insurance contract, and if the language is clear on its face, there is no room for construction. If coverage hinges on an undefined term, we apply the plain, ordinary meaning of the term in interpreting the contract. Although insurance policies are contracts of adhesion, and we will resolve ambiguities in favor of the insured when appropriate ... we will not strain the definition to provide coverage for the insured.”

   2 later decisions quote this exact passage
   e.g. Midwest Casualty Insurance Co. v. Whitetail · Wahl v. Country Mutual Insurance Co.

2. ““ ‘is a procedural device for the prompt resolution of a controversy on the merits without a trial if there are no disputed issues of material fact or inferences that can reasonably be drawn from undisputed facts, or if the only issues to be resolved are questions of law.’ Evidence presented on a motion for summary judgment is viewed in the light most favorable to the party opposing the motion, and that party is given the benefit of all favorable inferences which reasonably can be drawn from the evidence. Summary judgment is appropriate ‘against a party who fails to establish the existence of a factual dispute as to an essential element of his claim and on which he will bear the burden of proof at trial.’ A party seeking summary judgment has the initial burden of showing that no dispute exists as to either material facts or inferences to be drawn from undisputed facts and that the movant is entitled to judgment as a matter of law. If the movant meets that initial burden, the opposing party may not simply rely upon the pleadings or upon unsupported conclusory allegations, but ‘must present competent admissible evidence by affidavit or other comparable means which raises an issue of material fact and must, if appropriate, draw the court’s attention to relevant evidence in the record by setting out the page and line in depositions or other comparable documents containing testimony or evidence raising an issue of material fact.’ ””

   1 later decision quote this exact passage
   e.g. State Farm Mutual Automobile Insurance Co. v. Gruebele

3. “A. We do not provide Liability Coverage for any person: 8. Using an “auto” without a reasonable belief that a person is entitled to do so.”

   1 later decision quote this exact passage
   e.g. Sink v. Progressive County Mutual Insurance Co.