2 Ill. App. 2d 363 - Scapes v. Orr’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the absence of statute providing otherwise, the parties may contract that a cancellation may be effected without tender or return of the unearned premium. Thus a provision that a premium adjustment may be made at the time cancellation is effected, and, if not then made, shall be made as soon as practicable after cancellation becomes effective, is not ambiguous, and cancellation is effective if refund of the premium is subsequently made within a reasonable time. “A refund or tender of the unearned premium is not a condition precedent to cancellation of a policy containing such a provision, or one for the return of the unearned premium on demand, nor is payment of the refund a condition subsequent, breach of which will result in a reinstatement of the policy. This is clearly the case where the policy expressly provides that a refund or a tender of the unearned premium shall not be a condition of cancellation.’’”

   1 later decision quote this exact passage · from the majority
   e.g. Osborne v. Atlas Assurance Co.