581 So. 2d 800 - Peck v. Dill’s Empirical Analysis

Citation profile

6 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘If a subrogation clause is a valid and reasonable provision in a medical service contract for adults, there appears to be no compelling reason why it should not be binding on children. Minors are allowed to disaffirm their own contracts because society has a paramount concern to protect a child from his own improvidence even if such protection results in hardship or economic loss to another. . . . However, enforcement of the subrogation provision does no harm to a minor; it simply prevents him from recovering a windfall. ‘. . . [T]he general rule requires a child who disaffirms a contract to return the consideration received if he can. ‘A child who obtained medical treatment under a [medical insurance] contract can not return the services he received, but if he has recovered the value of those services from a tort-feasor, he should be compelled to return that money upon disaffirmance of the contract. Another equitable principle is that a minor cannot take the benefits of a contract while disaffirming the burden. . . . Thus, a child should not be allowed to receive the medical benefits of a contract and disaffirm the subrogation clause. ‘. . . [T]o allow a minor who recovers from a tort-feasor for medical expenses paid under a medical insurance contract to keep those proceeds despite a subrogation clause requiring their return to the insurer simply because the parent and not the child entered into the contract, defies equity. The child, though not a subscriber to the contra”

   1 later decision quote this exact passage · from the majority
   e.g. 20 Kan. App. 2d 255 - Oetinger Ex Rel. Oetinger v. Polson

2. “"For purposes of subrogation, the test for when the insured has been made whole is whether the injured plaintiff has been completely compensated for all of his loss. Likewise, all sources of reimbursement must be considered in determining the extent to which the plaintiff has been compensated. It is when the plaintiff's recovery from all sources exceeds the sum total of the plaintiff's damages that the right to subrogation arises."”

   1 later decision quote this exact passage · from the majority
   e.g. 655 So. 2d 975 - Alfa Mut. Ins. Co. v. Head