1999 Pa. Super. 245 - McCarthy v. Bainbridge’s Empirical Analysis

Citation profile

14 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]ny person having a claim under an insurance policy shall be required to exhaust first his right under such policy. For purposes of this section, a claim under an insurance policy shall include a claim under any kind of insurance, whether it is a first-party or third-party claim, and shall include, without limitation, accident and health insurance, worker’s compensation, Blue Cross and Blue Shield and all other coverages except for policies of an insolvent insurer. Any amount payable on a covered claim under this act shall be reduced by the amount of any recovery under other insurance.”

   7 later decisions quote this exact passage
   e.g. Sotack v. Pennsylvania Property & Casualty Insurance Guaranty Ass'n · Kuether v. Loev

2. ““[T]here must be some relationship between the claim against [the association] and the claim under other insurance that must be offset. The only reasonable reading of the offset provision is to require that the claim to be offset must be for the same loss as the claim asserted against PIC. In other words, the claim must be under insurance that sought to protect the insured against the same risk as was covered by the now insolvent insurer for whom [the association] is providing coverage.” 28”

   2 later decisions quote this exact passage
   e.g. Branch v. Ledesma · Indiana Insurance Guaranty Ass'n v. Blickensderfer

3. “(1) To provide a means for the payment of covered claims under certain property and casualty insurance policies, to avoid excessive delay in the payment of such claims and to avoid financial loss to claimants or policyholders as a result of the insolvency of an insurer. (2) To assist in the detection and prevention of insurer insolvencies. (3) To provide for the formulation and administration by the Pennsylvania Property and Casualty Insurance Guaranty Association of a plan of operation necessary to effectuate the provisions of this article.”

   1 later decision quote this exact passage
   e.g. 2001 Pa. Super. 19 - Strickler Ex Rel. Strickler v. DeSai