Standard Marine Ins Co v. Scottish Metropolitan Assur Co’s Empirical Analysis
283 U.S. 284 · 1931
Citation profile
27 federal appellate · 6 district · 6 state decisions
How this case has been cited
Cited by 79 later decisions (8 by the Supreme Court) — most recently April 2013 · most notably Chapman v. Hoage (1936), Aetna Casualty & Surety Co. v. Phoenix National Bank & Trust Co. (1932)
27 federal appellate · 6 district · 6 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.
Appellate journey
reviewedStandard Marine Ins. v. Scottish Metropolitan Assur. Co. (from Sixth Circuit Court of Appeals)
Relationships
Relies on The " Scotland" · Phœnix Insurance v. Erie & Western Transportation Co. · Walsh v. United States · The Patapsco Insurance Company v. John Coulter
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We think it clear, and it seems to be conceded, that since respondent is an insurer against loss of cargo, petitioner, if its policy be regarded as insuring against loss of profits of the venture, is not a co-insurer with respondent, even though the liability of both accrued by reason of the destruction of the cargo by the same peril. The very purpose of insurance of profits is to protect the insured against risk of loss which is not covered by insurance upon the cargo itself.”
1 later decision quote this exact passage · from the majority“But this argument leaves out of account the peculiar nature of insurance on increased value of cargo over its value at the port of departure, which, for present purposes, is to be distinguished from insurance on hull or any other property, increase in value of which may be embraced in, and recovered under policies insuring against a loss of the property.”
1 later decision quote this exact passage · from the majority“When the insured thus separates and separately insures two distinct elements of risk — value of cargo and profits which may be earned on it — both insurers cannot share by subrogation in his right to recover against wrongdoers for cargo damage alone.”
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.