2012 Pa. Super. 116 - Miller v. Poole’s Empirical Analysis

Citation profile

8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Insurance policies are contracts, and the rules of contract interpretation provide that the mutual intention of the parties at the time they formed the contract governs its interpretation. Such intent is to be inferred from the written provisions of the contract.” Penn-America Ins. Co. v. Peccadillos, Inc., 27 A.3d 259, 264 (Pa.Super.2011) (quoting American and Foreign Ins. Co. v. Jerry’s Sport Center, Inc., 606 Pa. 584 , 2 A.3d 526, 540 (2010)). “When the words of an agreement are clear and unambiguous, the intent of the parties is to be ascertained from the language used in the agreement, ... which will be given its commonly accepted and plain meaning [.]” LJL Transp., Inc. v. Pilot Air Freight Corp., 599 Pa. 546 , 962 A.2d 639, 647 (2009) (citations omitted). ‘When, however, an ambiguity exists, parol evidence is admissible to explain or clarify or resolve the ambiguity, irrespective of whether the ambiguity is patent, created by the language of the instrument, or latent, created by extrinsic or collateral circumstances.” Insurance Adjustment Bureau, Inc. v. Allstate Ins. Co., 588 Pa. 470 , 905 A.2d 462, 468 (2006). “A contract is ambiguous if it is reasonably susceptible of different constructions and capable of being understood in more than one sense.” Id. at 468-469. Additionally, “[t]he provisions of an insurance contract are ambiguous if its terms are subject to more than one reasonable interpretation when applied to a particular set of facts.” Kropa v. Gateway Ford,”

   2 later decisions quote this exact passage
   e.g. 2017 Pa. Super. 256 - Enter. Bank v. Frazier Family L.P. · 2012 Pa. Super. 204 - Adamitis v. Erie Insurance Exchange

2. “this Court is not bound by the trial court's interpretation”

   1 later decision quote this exact passage
   e.g. 2017 Pa. Super. 256 - Enter. Bank v. Frazier Family L.P.

3. “contract interpretation is a question of law”

   1 later decision quote this exact passage
   e.g. 2017 Pa. Super. 256 - Enter. Bank v. Frazier Family L.P.