Barber v. Lee’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To determine whether the automobile use exclusion applies, we must answer both of these questions affirmatively: (1) whether the conduct of the insured of which the plaintiff complains was a legal cause of injury? (2) whether it was a use of the automobile? ... As to the second requirement, in order for the harm to arise out of use, the automobile must be essential to the theory of liability. Picou v. Ferrara, 412 So.2d 1297 (La.1982). The specific duty breached by the insured must flow from the use of the automobile. Jones v. La. Timber Co. ], 519 So.2d [333] at 336 [(La.App. 2d Cir.1988)]. If the specific duty breached by the insured existed independently of the automobile, then liability does not arise out of use even though the duty could have been performed by use of an automobile. Massey v. Century Ready Mix Corp., 552 So.2d 565 (La.App. 2d Cir. 1989), writ denied, 556 So.2d 41 (La.1990); Jones, 519 So.2d at 336.”

   2 later decisions quote this exact passage
   e.g. Oaks v. Dupuy · Mahlum v. Baker

2. ““DEFINITIONS [[Image here]] 4. “Insured” means you and, if residents of your household: a. your relatives; b. any other person under the age of 21 who is in the care of a person described above.” [[Image here]] SECTION II — LIABILITY COVERAGES COVERAGE L — Personal liability If a claim is made or a suit is brought against an insured for damages because of bodily injury or property damage to which this coverage applies, caused by an occurrence, we will: 1. pay up to our limit of liability for the damages for which the insured is legally liable; ...” [[Image here]] SECTION II — EXCLUSIONS 1. Coverage L and Coverage M do not apply to: [[Image here]] (e) bodily injury or property damage arising out of the ownership, maintenance, use, loading or unloading of: [[Image here]] (2) a motor vehicle owned or operated by or rented or loaned to any insured; or ... [[Image here]] (f) bodily injury or property damage arising out of: (1) the entrustment by any insured to any person; (2) the negligent supervision by any insured of any person; (3) any liability statutorily imposed on any insured; or (4) any liability assumed through an unwritten or written agreement by any insured; with regard to the ownership, maintenance or use of any aircraft, watercraft, or motor vehicle (or any other motorized land conveyance) which is not covered under Section II of this policy;””

   1 later decision quote this exact passage
   e.g. Reason v. Miller's Casualty Insurance