Aetna Ins Co v. United Fruit Co Union Marine & General Ins Co’s Empirical Analysis

Citation profile

15 federal appellate · 10 district · 9 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We think that the valuation clause in its usual form does not operate as an estoppel or by agreement to foreclose proof that actual value exceeds agreed value when the question is of the insurer’s right to subrogation. The application of the agreed value to the insurance adjustment does not depend upon estoppel * * * and there can be no basis for an estoppel at least where, as here, the policy provisions undertake to indemnify the insured irrespective of the value of the vessel and contemplate that the insured may effect other insurance. The valuation stipulation fixes in advance of loss the value of the vessel, so as to avoid the necessity of proof of value in order to establish the extent of the liability assumed: on the policy. The agreed value, honestly arrived at, thus stands im the place of prime value under am open marine policy * * * and; resembles, in its practical operation, a stipulation for liquidated damages.. “But beyond its controlling effect in-, determining the insurance liability, the clause does not operate to exclude proof of actual value when relevant.””

   1 later decision quote this exact passage · from the majority
   e.g. Risdal v. Universal Insurance