Aschenbrenner v. United States Fidelity & Guaranty Co.’s Empirical Analysis
292 U.S. 80 · 1934
Citation profile
184 federal appellate · 25 district · 83 state decisions
How this case has been cited
Cited by 378 later decisions (11 by the Supreme Court) — most recently December 2008 · most notably National Equipment Rental, Ltd. v. Szukhent (1964), Heyman Associates No. 1 v. Insurance Co. of Pennsylvania (1995)
184 federal appellate · 25 district · 83 state decisions — followed in 19 states
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
reviewedUnited States Fidelity & Guaranty Co. v. Aschenbrenner (from Ninth Circuit Court of Appeals)
Relationships
Relies on Stipcich v. Metropolitan Life Insurance · Mutual Life Insurance v. Hurni Packing Co. · Warner v. Baltimore & Ohio Railroad · Chicago & Eastern Illinois Railroad v. Jennings
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 378 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The phraseology of contracts of insurance is that chosen by the insurer and the contract in fixed form is tendered to the prospective policy holder who is often without technical training, and who rarely accepts it with a lawyer at his elbow.””
5 later decisions quote this exact passage · from the majority“* * * the word `passenger' * * * has a common or popular meaning * * *. In its usual popular significance the term, when applied to one riding on a train, indicates a traveler, intended to be transported for hire or upon contract with the carrier, and distinguishes him from those employed to render service in connection with the journey.”
2 later decisions quote this exact passage · from the majority“Nothing in the policy gives any hint that words in this clause are used more narrowly than those in any other. The insurer has chosen the terms and it must be held to their full measure in this clause, as in any other, whether its promise be for more or less.”
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.