21 Ill. App. 2d 314 - Allstate Insurance v. Hoffman’s Empirical Analysis
1959
Citation profile
10 federal appellate · 25 state decisions
How this case has been cited
Cited by 39 later decisions — most recently March 2012 · most notably Seaford v. Nationwide Mutual Insurance Company (1961), 289 Ill. App. 3d 241 - American Country Insurance v. Bruhn (1997)
10 federal appellate · 25 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 Canadian Radium & Uranium Corp. v. Indemnity Insurance Co. of North America · Everson v. General Accident, Fire & Life Assurance Corp. · Pioneer Ins. Co. v. Alliance Ins. Co. · Lenkutis v. New York Life Insurance · Travelers' Insurance v. Dunlap
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The remaining contention is whether, if Hoffman had had a right to coverage, it was forfeited by breach of the condition requiring written notice of the accident to be given by or for him to plaintiff as soon as practicable. The contention of the Attorney General seems to be that because Hoffman was of the opinion that the policy did not cover his liability for the accident — an opinion concurred in by his superior officer — his supposed mistake as to coverage was an excusable one for the reason that Hoffman’s construction of the policy was identical with plaintiff’s. We regard this contention as fallacious; but on the basis of this position the Attorney General urges that it ‘was not “practicable” for the defendant to give notice to the plaintiff under a policy that the plaintiff itself reads as not covering the accident.’ The requirements of the policy as to notice and the question as to whether the policy affords coverage are separate and distinct matters. Failure of the insured to comply with provisions with respect to notice justifies a disclaimer of liability on the part of the insurer, even though the insured would have been entitled to the protection had he complied with the notice provisions. It is admitted that plaintiff had no notice of the accident until some twenty-three months had elapsed. There is no evidence that during that period plaintiff had any knowledge of the accident or gave any consideration to the matter of coverage until it had disclaimed because o”
1 later decision quote this exact passage · from the majority““It is not uncommon for an insured to have a business in addition to his regular and customary occupation which he may pursue primarily or even wholly for purposes other than pecuniary gain; but such collateral business would nonetheless constitute a business or an occupation while so pursued. * * *””
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.