Shaps v. Provident Life & Accident Insurance’s Empirical Analysis

Citation profile

7 federal appellate · 1 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Florida Supreme Court has held that under lex loci contractus the law of the jurisdiction where the contract was executed governs substantive issues regarding the contract, such as the interpretation of its terms. See Lumbermens Mut. Cas. Co. v. August, 530 So.2d 293, 295 (Fla.1988). Shaps maintains that the Florida Supreme Court must thereby have intended procedural issues to be governed by Florida law regardless of the effect of lex loci contractus. That is the approach taken by the Florida Supreme Court in related contexts. See, e.g., Colhoun v. Greyhound Lines, Inc., 265 So.2d 18, 20 (Fla.1972) (Florida law, as law of the forum, applied to procedural matters notwithstanding applicability of foreign law to substantive matters under lex loci delicti). As a general rule, for conflicts purposes a state will view procedural issues as subject to its own laws. See Maryland Cas. Co. v. Williams, 377 F.2d 389 , 393 n. 1 (5th Cir.1967) (“As a general rule, states will adhere to the law of a foreign state which is substantive, but will apply its own law on matters of procedure.”).”

   1 later decision quote this exact passage · from the majority
   e.g. Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)

2. “(1) IS THE BURDEN OF PROOF RULE RECOGNIZED IN FRUCHTER V. AETNA LIFE INSURANCE CO., 266 So.2d 61 (Fla. 3D DCA 1972), CERT. DISCHARGED, 283 So.2d 36 (Fla.1973), PART OF THE SUBSTANTIVE LAW OF FLORIDA, SUCH THAT IT WOULD NOT BE APPLIED IN A CASE WHERE UNDER FLORIDA'S DOCTRINE OF LEX LOCI CONTRACTUS THE SUBSTANTIVE LAW OF ANOTHER STATE (NEW YORK) GOVERNS THE PARTIES' CONTRACT DISPUTE? (2) WOULD REQUIRING THE INSURED TO PROVE DISABILITY IN THIS CONTEXT VIOLATE THE PUBLIC POLICY OF FLORIDA, SUCH THAT THE BURDEN OF PROOF MUST BE PLACED ON THE INSURER? SEE GILLEN V. UNITED SERVICES AUTOMOBILE ASS'N, 300 So.2d 3 (Fla.1974)”

   1 later decision quote this exact passage · from the majority
   e.g. 826 So. 2d 250 - Shaps v. Provident Life & Acc. Ins. Co.

3. “Under Florida's conflicts of law rules, the doctrine of lex loci contractus directs that, in the absence of a contractual provision specifying governing law, a contract, other than one for performance of services, is governed by law of the state in which the contract is made.”

   1 later decision quote this exact passage · from the majority
   e.g. 826 So. 2d 250 - Shaps v. Provident Life & Acc. Ins. Co.