Beeder v. Fleer’s Empirical Analysis

Citation profile

10 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. “No advance payments or partial payment of damages made by an insurance company or other person, firm, trust, or corporation as an accommodation to an injured person or on his behalf to others or to the heirs at law or dependents of a deceased person made under any liability insurance policy, or other voluntary payments made because of an injury, death claim, property loss, or potential claim against any insured or other person, firm, trust, or corporation thereunder shall be construed as an admission of liability by the insured or other person, firm, trust, or corporation, or the payer’s recognition of such liability, with respect to such injured or deceased person or with respect to any other claim arising from the same accident or event. Any such payments shall constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person. In the event of a trial involving such a claim, the fact that such payments have been made shall not be admissible in evidence or brought to the attention of the jury, and the matter of any credit to be deducted from a judgment shall be determined by the court in a separate hearing or upon the stipulation of the parties.”

   2 later decisions quote this exact passage
   e.g. Maxwell v. Montey · Brockhaus v. Lambert

2. “this statute expressly includes payments “made under any liability insurance policy” and payments “made by an insurance company.” With reference to those persons to whom such payments are made prior to trial, the statute includes not only “an injured person” but also “on his behalf to others.” . . . We hold that the trial court was in error to construe this language to exclude payments .made to a subrogee or assignee of the injured person. This construction of the statute would require the appellant’s insurance company to make two payments for the property damage in this case, including not only the prior payment that [defendant’s insurer] was legally obligated to make to [plaintiff’s insurer], but also payment to the appellee on the judgment rendered. We believe that the language and the intent of § 25-1222.01, which provides that an insurance company is entitled to credit on any judgment rendered against an insured for any payments or partial payment of claimed damages made on behalf of such party to an injured person or on his [or her] behalf to others, includes [sic] an assignee or subrogee of such injured person.”

   1 later decision quote this exact passage
   e.g. Brockhaus v. Lambert

3. “After receiving notice from USAA that the appellee’s claim for property damage to her automobile had been assigned or subrogated to it, Allstate was under a legal obligation to make payment to USAA and not to the appellee even though the action was pending in the name of the appellee, for the reason that USAA was then the real owner of the property damage claim for damages to appellee’s automobile by reason of its subrogated interest.”

   1 later decision quote this exact passage
   e.g. Milbank Insurance v. Henry