Burns v. Smith’s Empirical Analysis

Citation profile

11 federal appellate · 1 district · 56 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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An ambiguity exists when there is duplicity, indistinctness, or uncertainty in the meaning of the language in the policy. Language is ambiguous if it is reasonably open to different constructions.””

   7 later decisions quote this exact passage
   e.g. Nationwide Affinity Ins. Co. v. Laderoute · Country Preferred Ins. Co. v. Lee

2. “[A]n insurance policy, being a contract designated to furnish protection, will, if reasonably possible, be construed so as to accomplish that object and not to defeat it. Hence, if the terms are susceptible of two possible interpretations and there is room for construction, provisions limiting, cutting down, or avoiding liability on the coverage made in the policy are construed most strongly against the insurer.”

   2 later decisions quote this exact passage
   e.g. Owners Insurance Company v. Gary Parkison and Judith Parkison, Individually, and John Vest as Class Representative for the Estate of Betty Vest · Bodziony v. Blue Cross & Blue Shield of Kansas City

3. “'The interpretation of an insurance policy, and the determination of whether coverage and exclusion provisions are ambiguous, are questions of law that [we] review[ ] de novo.'”

   2 later decisions quote this exact passage
   e.g. Shelter Mut. Ins. Co. v. Lester · Kissinger v. Am. Family Mut. Ins. Co.