202 So. 2d 477 - Aladdin Oil Company v. Rayburn Well Service, Inc.’s Empirical Analysis
1967
Citation profile
2 federal appellate · 5 state decisions
How this case has been cited
Cited by 9 later decisions — most recently January 2017
2 federal appellate · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Home Benefit Ass'n v. Sargent · 38 N.J. Super. 599 - Boswell v. Travelers Indemnity Co. · Massachusetts Protective Ass'n v. Ferguson · Thomas W. Hooley & Sons v. Zurich General Accident & Liability Insurance · A. T. Morris & Co. v. Lumber Mutual Casualty Insurance
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The type of operation involved in this case is the type of business engaged in by * * * [Marine Divers]. To accept the insurer’s interpretation of the exclusion would virtually eliminate all liability insurance coverage for * * [Marine Divers] business, which would be an anomalous result indeed. If this were intended, the insurer should have indicated more specifically its intent, as indicated in the Mayronne case. This being our interpretation of the law of Louisiana on the subject, we feel it is not necessary to embark upon a discussion of the numerous cases from other jurisdictions cited by the parties.””
2 later decisions quote this exact passage““It is admitted that the interpretation herein placed on the words ‘occupied or used by’ and ‘care, custody or control’ is not free from doubt. In fact, in some respects it may be at variance with their dictionary definitions. But dictionary definitions do not reflect the legal gloss to which these words have been subjected. Nor do they relieve the insurer of the burden of proving non-coverage under the exclusions in the policy. Home Benefit Association v. Sargent, 142 U.S. 691 , 12 S.Ct. 332 , 35 L.Ed. 1160 ; Board of Commissioners of Port of New Orleans v. Norwich Union Fire Ins. Soc., D.C., 51 F.Supp. 245 ; Massachusetts Protective Ass’n v. Ferguson, 168 La. 271 , 121 So. 863 ; 29 Am.Jur. Insurance § 1444; 46 C.J.S. Insurance § 1321f. The insurer must, at its peril make the policy exclusions clear and unmistakable. Home Benefit Association v. Sargent, supra; Board of Commissioners of Port of New Orleans v. Norwich Union Fire Ins. Soc., supra; Maryland Casualty Co. of Baltimore, Md. v. Beckham, 163 Miss. 836 , 143 So. 886 ; Massachusetts Pro tective Ass’n v. Ferguson, supra; Boswell v. Travelers Indemnity Company, 38 N.J.Super. 559 , 120 A.2d 250 ; Innis v. McDonald, Ohio Com. Pl., 150 N.E.2d 441 , affirmed Ohio App., 150 N.E.2d 447 . Otherwise, as here, there is coverage. “The insurer was bound to know the type of business in which T-W, its assured, was engaged. Drilling wells offshore is a highly integrated operation, participated in by various contractors who supply vari”
1 later decision quote this exact passage“[D]amaged property or premises merely incidental or adjacent to the contracted object upon which work is being performed by the insured is not within the `care, custody or control' of the insured for purposes of the exclusion clause in question, even though he might be permitted access thereto during the performance of the contract.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.