Charles C. Harbin and Patricia A. Harbin v. Assurance Company of America, a Corporation’s Empirical Analysis

Citation profile

15 federal appellate · 2 district · 14 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Supreme Court has said that the Federal Rules of Civil Procedure permit “notice pleading” and the Rules “... do not require a claimant to set out in detail the facts upon which he bases his claim. To the contrary, all the Rules require is ‘a short and plain statement of the claim’” This Court has consistently held that as a general rule the duty of an insurer to defend its insured in federal court litigation is determined in the beginning of the litigation by the coverage afforded by the policy, as compared with the allegations of the complaint filed in the action. But, the allegations of the complaint are not conclusive on the issue. The duty to defend may attach at some later stage of the litigation if the issues of the ease are so changed or enlarged as to come within the policy coverage. The reason for this rule is that “... [u]nder the Federal Rules of Civil Procedure the dimensions of a lawsuit are not determined by the pleadings because the pleadings are not a rigid and unchangeable blueprint of the rights of the parties____” Thus, the insurer’s duty to defend an action brought in federal court against its insured may arise or attach at any stage in the litigation. And the duty does attach where there are facts, extraneous to the allegations of the pleadings, which, if proved, make out a case against the insurer that is covered by the policy and which either are actually brought to the insurer’s attention or could have been discovered by it through a reasonable inv”

   2 later decisions quote this exact passage · from the majority
   e.g. Politte v. Mcdonald's Corporation · G & G SERVICES, INC. v. Agora Syndicate, Inc.

2. ““The type of situation presented here places an insurer in a dilemma of conflicting interests. It cannot possibly defend * * * and protect both its own interests and the interests of its insureds. If it tries to exculpate itself by showing an intentional injury, it exposes the insured to a greater liability and a possible award of exemplary damages. If it urges an unintentional injury, it foregoes the exclusionary provision of the policy. In such circumstances the control of the defense by the insurer carries with it the potential of prejudice to the insureds and the assumption of such control without a reservation of the right to deny liability would have obligated the insurer to pay within the policy limits if the plaintiff should succeed.””

   1 later decision quote this exact passage · from the majority
   e.g. Satterwhite v. Stolz

3. ““The insurer’s liability depends on whether the injury was caused intentionally by the insured. The difficulty in the ascertainment of a state of mind needs no amplification. * * * For this reason the argument that the insurer should have conducted an investigation and relied on the results thereof does not persuade us. Intent is to be determined, not by the insurer’s investigators, but by the finder of the facts in the lawsuit brought by the claimant of the injuries.” 308 F.2d at pp. 749-750.”

   1 later decision quote this exact passage · from the majority
   e.g. 353 F. Supp. 1191 - Home Indemnity Company v. Lively