Merchants Fire Assurance Corp. v. Lattimore’s Empirical Analysis
263 F.2d 232 · 1959
Citation profile
14 federal appellate · 3 state decisions
How this case has been cited
Cited by 25 later decisions — most recently May 2011 · most notably Taylor v. Sentry Life Insurance (1984), Hart v. McLucas (1976)
14 federal appellate · 3 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 Cohen v. Penn Mutual Life Insurance · 9 Cal. 2d 103 - Telford v. New York Life Insurance · Robinson v. Occidental Life Insurance · 15 Cal. 2d 413 - California-Western States Life Insurance v. Feinsten · DiPasqua v. California Western States Life Insurance
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.
“This test looks only to the evidence concerning the attitude or practice of the insurance company involved in the suit. The courts of California have determined that under § 334 of the West's Ann.California Insurance Code they are required to adopt this * * * test in determining the materiality of concealed or misrepresented facts.”
1 later decision quote this exact passage · from the majority“Section 332 placed upon Miss Lattimore the duty to communicate material facts to appellant regardless of whether she or her broker believed them to be material. This is made clear by the disjunctive `or' in the phrase of § 332 reading `* * * which are or which he believes to be material to the contract * * *.'”
1 later decision quote this exact passage · from the majority“Each party to a contract of insurance shall communicate to the other, in good faith, all facts within his knowledge which are or which he believes to be material to the contract * * *”
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.