430 So. 2d 202 - Abel v. White’s Empirical Analysis

Citation profile

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

1. “[E]ven if Louisiana law is the choice of laws to be applied, the only Louisiana law which requires underinsured motorist coverage in the amount of the bodily injury liability limits is La.R.S. 22:1406 D(1), and that statute by its express terms purports to affect only an automobile policy "delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state." There is no dispute that the policy in the present case was neither "delivered" nor "issued for delivery" in this state. Therefore, plaintiffs cannot avail themselves of La.R.S. 22:1406 D(1) to impose that statute's underinsured motorist requirements upon the policy issued in Texas for delivery in Texas to a Texas resident.”

   6 later decisions quote this exact passage
   e.g. 469 So. 2d 1221 - Cobb v. Burke · 893 So. 2d 773 - Champagne v. Ward

2. “"La.R.S. 22:1406 D(1) (as amended by Acts 1974 No. 154) was the pertinent Louisiana law. It provided that no automobile policy `shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state ...' unless the policy provided uninsured and underinsured motorist coverage `in not less than the limits of bodily injury liability provided...' (unless the insured waives that coverage in writing). The Louisiana statute therefore does not purport to affect plaintiff's policy, delivered in Texas to insure an automobile registered and garaged in Texas. * * * * * * "It was not the courts' `interpretation' [of uninsured motorist coverage in a policy] that introduced underinsured motorist insurance in Louisiana; it was the legislature's enactment of La.Acts 1972 No. 137 and Acts 1974 No. 154 amending R.S. 22:1406 D. That statute, as we have pointed out, expressly applies to policies delivered in Louisiana to insure vehicles registered or garaged in Louisiana. The statute does not purport to apply to policies delivered elsewhere to insure vehicles registered and garaged elsewhere. The correct result is therefore that of Powell v. Warner, 398 So.2d 22 (La.App. 4th Cir.1981): `uninsured' motorist coverage in an insurance policy that was not governed by Louisiana law when issued does not become `underinsured' motorist coverage because the insured is present in Louisiana when an accident occurs. "It may be more evident tha”

   2 later decisions quote this exact passage
   e.g. 469 So. 2d 1221 - Cobb v. Burke · 461 So. 2d 1051 - Snider v. Murray

3. “Whether or not the choice of law rule derivable from C.C. 10, 2d para., would allow Louisiana law to impose uninsured and underinsured motorist coverage upon out-of-state insurance policies, Louisiana law does not do so.”

   2 later decisions quote this exact passage
   e.g. 890 So. 2d 747 - Rains v. Jones · 461 So. 2d 1051 - Snider v. Murray