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← 443 F.2d 926 - Richardson v. Brown

Richardson v. Brown’s Empirical Analysis

443 F.2d 926 · 1971

Citation profile

10
cited by 10 later decisions
2
states following
February 2001
most recently cited

2 federal appellate · 4 state decisions

How this case has been cited

Cited by 10 later decisions — most recently February 2001

2 federal appellate · 4 state decisions

501971198019902000decided

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 52 Cal. 2d 786 - Jensen v. Traders & General Insurance Co. · Great American Indemnity Co. v. Deatherage · Massachusetts Bonding & Ins. v. R. E. Parsons Electric Co. · Trusts & Guarantee Co. v. Barnhardt · 141 Cal. App. 2d 162 - Jensen v. Traders & General Insurance

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

  1. “The effect of the cancellation clause is attacked on the ground that it was never agreed to by the insured. Reliance is had on 15 O.S. 1961 , § 138, which provides that a contract in writing takes effect upon delivery to the party in whose favor it is made. Here an application was signed, a premium paid, and a binder issued. The insurer accepted the application and executed the policy. This is enough. Delivery of the policy is not essential to its enforceability.... We recognize the rule that an enforceable contract requires a meeting of the minds on the essential elements of the contract. See Massachusetts Bonding & Ins. Co. v. R.E. Parsons Electric Co., 8 Cir., 61 F.2d 264, 268 [(1932)]. There is no evidence that the insured would have rejected the policy if, after receipt, she had read and was unwilling to accept the cancellation clause. There is no intimation that the method of giving notice of cancellation was an essential element of the contract, and there is no claim of fraud or other misconduct on the part of the insurer. Cf. Perez v. Fort Worth Mut. Benev. Ass'n, Tex.Ct.Civ.App., 291 S.W. 574 [(1927)].”
    2 later decisions quote this exact passage · from the majority

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.