Mitchell v. Aetna Casualty & Surety Co.’s Empirical Analysis
579 F.2d 342 · 1978
Citation profile
9 federal appellate · 3 state decisions
How this case has been cited
Cited by 24 later decisions — most recently February 2016
9 federal appellate · 3 state decisions
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 Northern Assurance Company of London v. Grand View Building Association · STEEN v. Andrews · 248 So. 2d 777 - Commercial Union Insurance Company v. Byrne · Saucier v. Life & Casualty Ins. · Munn v. NATL. FIRE INS. OF HARTFORD
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In waiver, the question is whether the waiving party knowingly and intentionally relinquished a right. The actions of the party asserting waiver are irrelevant. In the question of estoppel, while the intention of the parties sought to be es-topped may be significant, the emphasis is on the actions of the party arguing estoppel ... The same facts may, but need not, establish both a waiver and an estoppel.””
2 later decisions quote this exact passage · from the majority“every person [who performs certain actions] for or on behalf of any insurance company ... shall be held to be the agent of the company ... as to all duties and liabilities imposed by law, whatever conditions or stipulations may be contained in the policy or contract.”
1 later decision 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.