Lesmark, Inc. v. Pryce’s Empirical Analysis
334 F.2d 942 · 1964
Citation profile
20 federal appellate · 5 district · 7 state decisions
How this case has been cited
Cited by 37 later decisions — most recently November 2013 · most notably Fontenot v. Mesa Petroleum Co. (1986), Bank of the West v. Valley National Bank of Arizona (1994)
20 federal appellate · 5 district · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Mashington Gaslight Co v. District of Columbia · George's Radio, Inc. v. Capital Transit Co. · Hudson v. Lazarus · Busch & Latta Painting Co. v. Woermann Construction Co. · Moses-Ecco Co. v. Roscoe-Ajax Corp.
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We cannot agree. The fact that the Charrons [co-defendant owners] carried liability insurance which covered the claims of Pryce and Ash [plaintiffs in original suit] did not relieve Lesmark of its obligation to indemnify the Charrons against such claims, and Lesmark does not contend otherwise. Similarly, it was not relieved of its liability for litigation expenses arising from those claims, which were also covered by insurance. And the insurer’s agreement to provide direct legal representation rather than reimbursement for attorneys’ fees merely reflects an understandable preference of the insurer to control the litigation.””
2 later decisions quote this exact passagee.g. 266 F. Supp. 409 - Crosson v. N. V. Stoomvaart MIJ Nederland · Safway Rental & Sales Company v. Albina Engine and MacHine Works, Inc., Albina Engine and MacHine Works, Inc., as Trustee for Glens Falls Insurance Company, and Glens Falls Insurance Company, Albina Engine & MacHine Works, Inc., and Glens Falls Insurance Company, Cross-Appellants v. Safway Rental & Sales Company, Cross-Appellee““We turn now to Lesmark’s contention that the Charrons are not entitled to indemnification for counsel fees because their insurance carrier furnished the counsel who appeared for them and they ‘are neither obligated nor responsible for the fee.’ We cannot agree. The fact that the Charrons carried liability insurance which covered the claims of Pryce and Ash did not relieve Lesmark of its obligation to indemnify the Charrons against such claims, and Les-mark does not contend otherwise. Similarly, it was not relieved of its liability for litigation expenses arising from those claims, which were also covered by insurance. And the insurer’s agreement to provide direct legal representation rather than reimbursement for attorneys’ fees merely reflects an understandable preference of the insurer to control the litigation”.”
1 later decision quote this exact passage“hold harmless and indemnify the Owner (Charrons) of and from all claims, suits, actions, costs, counsel fees, expenses, damages, judgments or decrees”
1 later decision quote this exact passage
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.