Bergholm v. Peoria Life Ins.’s Empirical Analysis

Citation profile

344 federal appellate · 28 district · 274 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 726 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * It is true that where the terms of a policy are of doubtful meaning, that construction most favorable to the insured will be adopted. * * * This canon of construction is both reasonable and just, since the words of the policy are chosen by the insurance company; but it furnishes no warrant for avoiding hard consequences by importing into a contract an ambiguity which otherwise would not exist, or, under the guise of construction, by forcing from plain words unusual and unnatural meanings.”

   35 later decisions quote this exact passage · from the majority
   e.g. Inter-Southern Life Ins. v. Zerrell · Walters v. Mutual Life Ins. Co. of New York

2. “*' * * * üpon receipt at its Home Office of due proof of such disability of the insured as may be required by the Company, will grant the following benefits: “First: Will waive payment of premiums thereafter becoming due; “Second: In addition will pay to the insured a monthly income equal to one per cent of the original amount of insurance. The first monthly payment will be made upon satisfactory proof of disability as above provided, and the subsequent monthly payments will be made on the first day of each month thereafter during such disability.” “Upon receipt by the Company of satisfactory proof that the Insured is totally and permanently disabled as hereinafter defined the Company will “1. Fay for the Insured all premiums becoming due hereon after the receipt of such proof and during the continuance of the total and permanent disability of the Insured and will also “2. Pay to the Insured a Monthly Income for life of 1% of this Policy: The first payment of such income to be paid immediately upon receipt of such proof and subsequent payments to be made on the first day of each month thereafter as long as the Insured shall live and be totally and permanently disabled as hereinafter defined.””

   6 later decisions quote this exact passage · from the majority
   e.g. Orr v. Mutual Life Ins. Co. of New York · Kearns v. Penn Mutual Life Insurance Co. of Philadelphia

3. ““ ‘Upon receipt by the Company of satisfactory proof that the Insured is totally and permanently disabled as hereinafter defined the Company will “ ‘1. Pay for the Insured all premiums becoming due hereon after the receipt of such proof and during the continuance of the total and permanent disability of the Insured and will also “ ‘2. Pay to the Insured a Monthly Income for life of 1% of this Policy; The first payment of such income to be paid immediately upon receipt of such proof. * * * n ig_ * * * t0 entitle the Insured to the above Total and Permanent Disability Benefits this policy at the time of making claim for such benefits must be in full force and all premiums becoming due prior to the time of making claim must have been duly ^”

   3 later decisions quote this exact passage · from the majority
   e.g. McCutchen v. All States Life Ins. Co. · Smith v. Mutual Life Ins. Co. of New York