Kipp v. Hurdle’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “bodily injury or property damage which is either expected or intended from the standpoint of the insured.”

   2 later decisions quote this exact passage
   e.g. 350 So. 2d 1289 - Ducote v. Voorhies · 362 So. 2d 1161 - Sherwood v. Sepulvado

2. “Even so, it is presumed that she [the insured] intended the consequences of her aggressive action.”

   2 later decisions quote this exact passage
   e.g. 407 So. 2d 478 - Kling v. Collins · 355 So. 2d 561 - Rambin v. Wood

3. “It is clear that this policy, by its terms, does not cover vicarious liability as such. There is no “omnibus clause” and there are no “omnibus insureds” under the policy issued to Hurdle. These terms are used in discussing liability arising ordinarily from the use of a motor vehicle with the permission of the named insured, or vicarious liability imposed on some other person or organization because of fault of the named insured or a driver operating the vehicle with permission of named insured. Such has no application to the type policy consideration herein.”

   1 later decision quote this exact passage
   e.g. Safeco Insurance Co. of America Inc. v. McKenna