Selected Risks Insurance v. Miller’s Empirical Analysis
1961
Citation profile
6 district · 19 state decisions
How this case has been cited
Cited by 25 later decisions — most recently September 1997 · most notably National Grange Mutual Insurance v. Pinkney (1979), 117 Md. App. 72 - Empire Fire and Marine Ins. Co. v. Liberty Mutual Ins. Co. (1997)
6 district · 19 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 Island v. Fireman's Fund Indemnity Co. · Didlake v. Standard Ins. · Allstate Insurance Co. v. Hartford Accident & Indemnity Co. · 171 Cal. App. 2d 242 - Venne v. Standard Accident Insurance · Ocean Accident & Guaranty Co. v. Schmidt
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he word “permission” or “consent” connotes the power to grant or withhold it, and, therefore, in order for one’s use and operation of an automobile to be within the meaning of an omnibus clause requiring the permission or consent of the named insured, the latter must, as a general rule, own the insured vehicle or have such an interest in it that he is entitled to the possession and control of the vehicle and in a position to give such permission. Thus, it has been held that an omnibus or extended coverage clause in an insurance policy requiring the permission of the named insured does not apply, where the insurance is taken out in the name of one not the real owner, to cover the real owner in actual possession and control of the vehicle, since the named insured does not have the power to grant or withhold permission.”
3 later decisions quote this exact passage · from the majority“"Persons Insured The following are Insureds under Part I: (a) with respect to the owned automobile, (1) the Named Insured and any resident of the same household, (2) any other person using such automobile with the permission of the Named Insured, provided his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission, and (3) any other person or organization but only with respect to his or its liability because of acts or omissions of an Insured under (a) (1) or (2) above;"”
2 later decisions quote this exact passage · from the majority““PERSONS INSURED : The following are insured under Part I: (a) With respect to the owned automobile, (1) the named insured and any resident of the same household, (2) any other person using such automobile, provided the actual use thereof is with the permission of the named insured; (b) With respect to a non-owned automobile, (1) the named insured, (2) any relative, but only with respect to a private passenger automobile or trailer, provided the actual use thereof is with the permission of the owner; (c) Any other person or organization legally responsible for the use of (1) an owned automobile, or (2) a non-owned automobile, if such automobile is not owned or hired by such person or organization, provided the actual use thereof is by a person who is an insured under (a) or (b) above with respect to such owned automobile or non-owned automobile.””
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.