Marine Services Inc v. Rodger Fraser’s Empirical Analysis
Citation profile
5 district ·
How this case has been cited
Cited by 18 later decisions — most recently January 2021
5 district ·
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 Cigna Property and Casualty Insurance Company · Fireman's Fund Insurance v. Wilburn Boat Co. · Steelmet, Inc. v. Caribe Towing Corp. · Kilpatrick Marine Piling v. Fireman's Fund Insurance · Sci Liquidating Corporation Sunrise Carpet Industries Inc v. Hartford Fire Insurance Company Hartford Casualty Insurance Company
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well-settled that the marine insurance doctrine of uberrimae fidei is the controlling law of this circuit. See Steel-met, Inc. v. Caribe Towing Corp. 747 F.2d 689, 695 (11th Cir.1984); Certain Underwriters [at Lloyds v. Giroire ], 27 F.Supp.2d [1306] at 1312 [(S.D.Fla.1998) ]; International Ship Repair and Marine Serv., Inc. v. St. Paul Fire and Marine Ins. Co., 922 F.Supp. 577, 580 (M.D.Fla.1996). Uberrimae fidei requires that an insured fully and voluntarily disclose to the insurer all facts material to a calculation of the insurance risk. See Steelmet, 747 F.2d at 695 ; see also Fireman’s Fund Ins. Co. v. Wilburn Boat Co., 300 F.2d 631, 646 (5th Cir.1962) (discussing the duty to disclose in marine insurance law); G. Gilmore & C.Black, The Law of Admiralty 62 (2d ed. 1975) (“[T]he highest degree of good faith is exacted of those entering [a marine insurance contract], for the underwriter often has no practicable means of checking on either the accuracy or the sufficiency of the facts furnished him by the assured before the risk is accepted and the premium and conditions set.”). The duty to disclose extends to those material facts not directly inquired into by the insurer. See Jackson v. Leads Diamond Corp., 767 F.Supp. 268, 271 (S.D.Fla.1991); see also Cigna Property and Casualty Ins., Co. v. Polaris Pictures Corp., 159 F.3d 412, 420 (9th Cir.1998) (“Whether or not asked, an applicant for marine insurance is bound to reveal every fact within his knowledge that is mate”
2 later decisions quote this exact passage · from the majority“The central principle of uberrimae fidei , however, is that the insured bears the burden of full and voluntary disclosure of facts material to the decision to insure ... the law has placed the burden of good faith disclosure with the person in the best position to know all the facts: the insured.”
1 later decision quote this exact passage · from the majority“[W]e focus on the issue of material misrepresentation because a finding of material misrepresentation in this marine insurance case voids the policy and renders immaterial the appellants' arguments on insurable interest and waiver and estoppel .”
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.