Fidelity & Casualty Co. v. Eickhoff’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The right of a party to waive the protection of the law is subject to the control of public policy which cannot be set aside or contravened by any arrangement or agreement of the parties, however expressed. Thus, an agreement to waive the defense of usury is void. So, also, according to the weight of authority is an agreement made at the time of contracting a debt to waive the prospective right of exemption. The agreement under consideration is more than a mere enlargement of contractual rights or the establishment of a rule of evidence. It provides that the plaintiff might by his own ex parte acts conclusively establish and determine the existence of his own cause of action. In short, he is made the supreme judge of his own case. ... In the present case the attempt is to provide that, after the alleged cause of action has accrued, the plaintiff shall be the sole and conclusive judge of both its existence and extent. Such an agreement is clearly against public policy.” (pp. 178, 179.)”

   1 later decision quote this exact passage
   e.g. Fidelity & Deposit Co. v. Davis

2. ““In the present case the attempt is to provide that, after the alleged cause of action has accrued, the plaintiff shall be the sole and exclusive judge of both its existence and extent. Such an agreement is clearly against public policy. If the provision had been that the voucher, or other evidence of payment, should be merely prima facie evidence of the fact and extent of defendant’s liability,—thus merely shifting the burden of proof, but leaving the defendant at liberty to rebut this prima facie evidence,—although even then a somewhat drastic provision, we do not think that it could be held to contravene public policy. To that extent, we think this provision is valid, but, in so far as it assumes to make the voucher of payment by plaintiff: conclusive of defendant’s liability, it is void.””

   1 later decision quote this exact passage
   e.g. United States Fidelity & Guaranty Co. v. Connors

3. “A copy of the bond, which is set out in the complaint (omitting the formal parts thereof) is as follows:”

   1 later decision quote this exact passage
   e.g. Guarantee Co. of North America v. Charles