Concordia Ins. Co. of Milwaukee v. School Dist. No. 98 of Payne Cty.’s Empirical Analysis

Citation profile

140 federal appellate · 28 district · 28 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 223 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The requirement of a fire insurance policy that verified proofs of loss be furnished within sixty days after the loss has occurred is waived, and the insurer estopped against setting it up, where the insurer, through adjusters, investigated the loss and proposed a settlement which was not accepted because of a difference in opinion as to the value of the building destroyed, and no objection was made at that time that proofs of loss had not been furnished, or request made that they be furnished. "A provision of a fire insurance policy that no officer, agent, or other representative shall have power to waive any provision or condition of the policy except such as by the terms of the policy may be the subject of agreement indorsed thereon or added thereto, and that no waiver shall be effective unless written upon or attached to the policy, has reference to those provisions and conditions which constitute part of the contract of insurance, and does not apply to a waiver, after the loss occurs, of stipulations in respect of things to be done subsequent to the loss as prerequisites to adjustment and payment, such as the furnishing of verified proofs of loss within a stated time.”

   2 later decisions quote this exact passage · from the majority
   e.g. Federal Surety Company v. Guerrant · Home Ins. Co. v. Lake Dallas Gin Co.

2. ““ * * * even in a case of unliquidated damages, ‘when necessary in order to arrive at fair compensation, the court in the exercise of a sound discretion may include interest or its equivalent as an element of damages.’ ” 10”

   2 later decisions quote this exact passage · from the majority
   e.g. St. Paul Mercury Indemnity Co. v. United States · 393 F. Supp. 1165 - Davis Cattle Co., Inc. v. Great Western Sugar Company

3. ““§ 3287. Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor, from paying the debt.” “§ 3302. The detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon.””

   1 later decision quote this exact passage · from the majority
   e.g. National Union Fire Ins. Co. of Pittsburgh v. California Cotton Credit Corp.