Fleming v. Torrey’s Empirical Analysis

Citation profile

1 federal appellate · 12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"For the purposes of our opinion we assume that plaintiff Fleming relied on defendant, had confidence in him and would likely follow his advice on insurance matters. But where the insured did not request the agent's advice as to liability limits but instead ordered specific limits; where the subject involved is a money limit rather than a more complex policy provision; and where there is no special relationship beyond that shown here, we cannot find a legal duty upon the agent to volunteer advice regarding liability limits for the breach of which the agent could become liable for $107,500.00.3"”

   1 later decision quote this exact passage
   e.g. 419 So. 2d 59 - Smith v. Millers Mut. Ins. Co.

2. “"There is no one right answer to the question of what is a `safe' liability limit on a truck. Many factors enter in at the time of the accident that cannot be known in advance. The `safe' limit on property damage on property owned by an insured, for instance, is quite a different matter."”

   1 later decision quote this exact passage
   e.g. 419 So. 2d 59 - Smith v. Millers Mut. Ins. Co.