Travelers Indemnity Co. v. National Indemnity Co.’s Empirical Analysis
292 F.2d 214 · 1961
Citation profile
7 federal appellate · 3 district · 14 state decisions
How this case has been cited
Cited by 30 later decisions — most recently June 2007 · most notably Lewis v. Michigan Millers Mutual Insurance (1967), Burcham v. Farmers Insurance Exchange (1963)
7 federal appellate · 3 district · 14 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 Woodrich Construction Co. v. Indemnity Insurance Co. of North America · Bituminous Cas. Corp. v. Travelers Ins. Co. · Citizens Mutual Automobile Insurance Company, a Michigan Corporation v. Liberty Mutual Insurance Company, a Massachusetts Corporation · Spann v. Commercial Standard Ins. · Goldstein v. Bernstein
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is no ironclad rule or standard for determining whether an insurance broker represents the insurer or insured.... Sound authority supports the position, however, that a broker is primarily the agent of the person who first employs him, and where he is employed to procure insurance, he is the agent of the person for whom the insurance is procured insofar as matters connected with the procurement are concerned. Unless there are special conditions or circumstances in the case, he is not the agent of the insurer.... without some action on the part of the company or the existence of some facts from which his authority to represent it as agent may be fairly inferred.”
1 later decision quote this exact passage · from the majority“"An insurance agent is a person expressly or impliedly authorized to represent an insurance company in its dealings with third persons. Travelers Indemnity Co. v. National Indemnity Co. , 292 F.2d 214 , 219 (8th Cir.); 29 Am.Jur. 537, Insurance, 135. An insurance broker is `one who acts as a middleman between the insured and insurer and who solicits insurance from the public under no employment from any special company and who either places an order for insurance with a company selected by the insured, or, in the absence of such selection, with a company the broker selects. . . .'"”
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.