Osborne v. Chapman’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[B]oth landlord and tenant have an insurable interest in the rented premises — the former owns the fee and the latter has a possessory interest. Here the landlords * * * purchased the fire insurance * * ⅜ to protect such interests in the property against loss from fire. ⅜ ⅜ * [A]s a matter of sound business practice the premium paid had to be considered in establishing the rent rate on the rental unit. Such premium was chargeable against the rent as an overhead or operating expense. And of course it follows then that the tenant actually paid the premium as part of the monthly rental. * * * Prospective tenants ordinarily rely upon the owner of the dwelling to provide fire protection for the realty (as distinguished from personal property) absent an express agreement otherwise. * * * ⅜ * * [W]hen fire insurance is provided for a dwelling it protects the insurable interests of all joint owners ⅜ ⅜ *. The company affording such coverage should not be allowed to shift a fire loss to an occupying tenant even if the latter negligently caused it.”

   1 later decision quote this exact passage
   e.g. Osborne v. Chapman