413 So. 2d 198 - Williams v. Bernard’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is clear from this exchange that plaintiff met the burden of establishing uninsured motorist coverage. Despite this stipulation, no mention was made of the $5,000.00 limitation and it was not brought to the jury’s attention. Once coverage is established, it then becomes incumbent upon defendant either to offer evidence of the limit of the amount of coverage or to stipulate the limit. Defendant failed to carry this burden. The jury’s failure to be aware of the policy limit was attributable to defendant. After coverage has been stipulated, an insurer cannot remain silent on extent of coverage and then complain when a jury awards an amount in excess of the policy limit.”

   1 later decision quote this exact passage
   e.g. Allstate Insurance v. Miller

2. “In an action under an insurance contract, the insured bears the burden of proving the existence of the policy and coverage. Collins v. New Orleans, Public Service, Inc., 234 So.2d 270 (La.App. 4th Cir.1970); writ refused, 256 La. 375 , 236 So.2d 503 (1970); B.T.U. Insulators, Inc. v. Maryland Casualty Co., 175 So.2d 899 (La.App. 2d Cir. 1965). The insurer, however, bears the burden of showing policy limits or exclusions. Massachusetts Protective Ass'n. v. Ferguson, 168 La. 271 , 121 So. 863 (1929); B.T.U. Insulators, Inc. v. Maryland Casualty Co., supra ; Paz v. Implement Dealers Mutual Insurance Company, 89 So.2d 514 (La.App.1956). [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. Arias v. Stolthaven New Orleans, LLC

3. “it was not an inexcusable error or neglect, but a definite trial tactic by Allstate not to introduce the policy.”

   1 later decision quote this exact passage
   e.g. Williams v. Bernard