Boring v. Haynes’s Empirical Analysis
1972
Citation profile
4 district · 14 state decisions
How this case has been cited
Cited by 20 later decisions — most recently April 2015
4 district · 14 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 Pinkston v. Rice Motor Co. · Williams v. Benefit Trust Life Insurance · Miller v. Prudential Insurance Co. of America · Williams v. Benefit Trust Life Insurance · Thompson v. Aetna Life 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The legal question raised is the interpretation to be given to the language of the policy, "exclusively of all other causes.” On this there are two lines of authorities. One... construes the language ... to mean that if the insured had any disease or physical ailment from any cause, at the time of the accidental injury... and is unable to show clearly that such disease or ailment was not reflected in some degree in the injurious results of the accident, then there can be no recovery... Under these authorities it is practically impossible for any but the physically sound to recover on an accident policy containing the language used... The other line of authorities, recognizing the fact that many persons not physically sound in every respect carry accident insurance policies, take what seems to us a more rational view and construe the language of the policy to mean that, if the accident be shown to be the cause of the injury for which the action is brought plaintiff can recover. [ 62 P.2d at p. 857 ] According to defendants’ Exhibits A, B, and C filed with the motion for summary judgment, Mr. Widener purchased his first accident policy from Allstate in 1987 at age 73, the second in December, 1993, and a third in April, 1994, at age 80.”
1 later decision quote this exact passage · from the majority““Where an accidental injury activates or aggravates a dormant disease or physical infirmity, the accident may be said to have been the proximate cause of the resulting disability within the usual provisions and ordinary meaning of a policy insuring against accident. “In the event an insured sustains physical disability resulting from an accidental injury which aggravates or causes a dormant disease or ailment to become active, the disability will be regarded as having been caused solely by the injury, so as to render an insurer liable therefore under an accident policy, even though such disability might later have resulted regardless of the accident, and even though the accident might not have affected a normal person to the same extent.” (Syl. ¶¶ 1 and 2.)”
1 later decision quote this exact passage · from the majority“We think the better reasoned rule to be just this: that where an accidental injury aggravates or energizes a dormant disease or physical ailment the accident may be said to have been the proximate cause of the resulting disability within the terms and meaning of the ordinary accident insurance policy. Boring v. Haynes, 209 Kan. 413 , 496 P.2d 1385, 1392 (1972).”
1 later decision quote this exact passage · from the majority
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.