Samuel Hazard's Administrator v. The New England Marine Insurance Company’s Empirical Analysis

Citation profile

25 federal appellate · 8 district · 13 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Underwriters are presumed to know the usages and customs of all of the places from or to which they make insurances.”

   2 later decisions quote this exact passage
   e.g. 942 F. Supp. 2d 1254 - Szczeklik v. Markel International Insurance · Compagnie De Reassurance D'Ile de France v. New England Reinsurance Corp.

2. ““The court, in their instruction, did not lay down the rule broadly that a destruction by worms was not within the policy: but the jury were told that if, ‘in the Pacific Ocean, worms ordinarily assail and, enter the bottoms of vessels, then the loss of a vessel destroyed by worms would not be a loss within the policy.’ In other words, if the vessel was lost by an ordinary occurrence in the Pacific Ocean, it was a loss against which the underwriters did not insure. In an enlarged sense, all losses which occur from maritime adventures may he said to arise from the perils of the sea; but the underwriters are not hound to this extent. They insure against losses from extraordinary occurrences only; such as stress of weather, winds and waves, lightning, tempests, rocks, etc. These are understood to he the ‘perils of the sea’ referred to in the policy, and not those ordinary perils which every vessel must encounter.””

   1 later decision quote this exact passage · from the majority
   e.g. Shaver Forwarding Co. v. Eagle Star Insurance

3. ““In an enlarged sense, all losses which, occur from maritime adventures may be said to arise from perils of the sea; but the underwriters are not bound to this extent.' They insure against losses from extraordinary occurrences only; such as stress of weather, winds and waves, lightning, tempest, rocks, etc. These are understood to be the ‘perils of the sea’ referred to in the policy, and not those ordinary perils which every vessel must encounter.””

   1 later decision quote this exact passage · from the majority
   e.g. Arbib & Houlberg, Inc. v. Second Russian Ins.