In re May’s Empirical Analysis
2012
Citation profile
1 district ·
Relationships
Relies on Nationsbank of North Carolina, N. A. v. Variable Annuity Life Insurance · Securities & Exchange Commission v. Variable Annuity Life Insurance · Farmers Group, Inc. v. Williams · Citizens for Responsible Government State Political Action Committee v. Donetta Davidson · Hall v. Walter
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whenever, under the terms of any annuity or policy of life insurance, ... issued by any insurance company, domestic or foreign, lawfully doing business in this state, the proceeds are retained by such company at maturity or otherwise, no person, other than the insured, entitled to any part of such proceeds or any installment of interest due or to become due thereon shall be permitted to commute, anticipate, encumber, alienate, or assign the same, or any part thereof, if such permission is expressly withheld by the terms of such policy or supplemental agreement; and, if such policy or supplemental agreement so provides, no payments of interest or of principal shall be in any way subject to such person's debts, contracts, or engagements nor to any judicial processes to levy upon or attach the same for payment thereof.”
1 later decision quote this exact passagee.g. In re Soori-Arachi“Undoubtedly, the Colorado Legislature in 1925 had no idea how complex annuities would become, .... In particular, the legislature would not likely have envisioned that insurance policies and annuities alike would be drafted with many payment options available. But if the underlying policy is to encourage the use of these proceeds as a means of continuing support, then the mere presence of a lump sum option, that has not been exercised, in the terms of the policy or contract should not frustrate this underlying legislative policy.”
1 later decision quote this exact passagee.g. Aden v. Gugino“(1) the entity issuing the annuity or insurance policy must retain the proceeds; (2) the annuity or policy must have specific language restraining the alienation of proceeds by persons; and (3) the person claiming its protection must not be 'the insured.'”
1 later decision quote this exact passagee.g. In re Soori-Arachi
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.