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← 329 F.3d 898 - Lee-Lipstreu v. Chubb Group of Insurance

Lee-Lipstreu v. Chubb Group of Insurance’s Empirical Analysis

329 F.3d 898 · 2003

Citation profile

29
cited by 29 later decisions
2
states following
December 2014
most recently cited

12 federal appellate · 2 state decisions

Relationships

Relies on Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Mitchell v. Maurer · Scott-Pontzer v. Liberty Mutual Fire Insurance · Ross v. Farmers Insurance Group of Companies · Tuck v. United Services Automobile Ass'n

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

  1. “[Application of the direct action provision of § 1332(c)(1) [here] ignores a fundamental component of a Scott-Pontzer claim — that the entire suit rests on the conclusion that the employee is the insured under the policy. Thus, in a Scott-Pontzer claim, the insured sues her own insurance carrier. The insured obviously is not joined as a party-defendant because the insured is the plaintiff. Applying the direct action provision to a dispute solely between an insured and her own insurance company would result in an absurdity-federal courts would never hear common insurance disputes because the insured and the insurer, the plaintiff and the defendant, would always be considered citizens of the same state. We recognize that the direct action provision applies in certain situations involving insureds and insurers, but we conclude that it does not apply here.”
    5 later decisions quote this exact passage · from the majority
  2. “that the `parking attendant' provision in the Federal policy,”
    1 later decision quote this exact passage · from the majority
  3. “did not create automobile liability coverage”
    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.