Brown v. Allstate Insurance’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We adopt and apply here the rule that a federal trial court commits reversible error when it permits the plaintiff in a suit for fne insurance proceeds to present evidence of his nonprosecution or acquittal on related criminal charges. The reasons for this rule are easy to appreciate. First, such evidence goes directly to the principal issue before the jury and is highly prejudicial. Second, a prosecutor’s decision not to prosecute and a jury’s decision to acquit in a criminal trial are based on different criteria than apply in a civil proceeding. In particular, a prosecutor’s decision to nolle pros may take into account many factors irrelevant in a civil suit, such as the higher standard of proof required for criminal conviction. In any event, a prosecutor’s opinion whether the insured started the fire is inadmissible since based on knowledge outside his personal experience.”

   1 later decision quote this exact passage
   e.g. Wilson v. State Farm Fire & Casualty Co.