Lake v. Wright’s Empirical Analysis
1982
Citation profile
6 federal appellate · 23 state decisions
How this case has been cited
Cited by 31 later decisions — most recently December 2020 · most notably Hulsey v. Mid-America Preferred Insurance Co. (1989), Bohannan v. Allstate Insurance Co. (1991)
6 federal appellate · 23 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 Keel v. MFA Insurance Company · Richardson v. Allstate Insurance Co.
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e feel permitting an insured to purchase increased uninsured motorist limits, not to exceed the bodily injury liability, gave the insured the right, if he chose, ... to be protected to the same extent, but not to exceed, that liability coverage in his policy.... Therefore, "stacking" where a policy clearly provides to the contrary ... would render the "not to exceed" provision of § 3636(B) ... totally meaningless. We find nothing in the language of ... § 3636 requiring "stacking" in the face of an express provision of a policy providing to the contrary.”
2 later decisions quote this exact passage“The statute grants the victim prima facie recourse to any and all policies available, subject to the implicit condition that his claims in aggregate not exceed his damages. The legislature must have been cognizant that a person often becomes an insured, either named or otherwise included in more than one automobile liability policy. ... The legislature could have limited protection to the minimum statutory limit had that been its intent, or could have restricted coverage to only one policy. [[Image here]] ... By imposition of both policies, the insured is not receiving a windfall. He has paid the insurer a premium for this protection, and is only attempting to recover the actual amount of his damages which are within the limits of both policies. On the other hand, the insurer has collected a premium for each policy. ...”
1 later decision quote this exact passage“"The insured in this case has two policies for which he has paid an additional premium for uninsured motorist coverage. There is no dispute that both policies cover the insured in this accident. The pyramiding or the stacking of the policies is the only dispute. By imposition of both policies, the insured is not receiving a windfall. He has paid the insurer a premium for this protection, and is only attempting to recover the actual amount of his damages which are within the limits of both policies. On the other hand, the insurer has collected a premium for each policy. In such instance, it would be manifestly unjust to permit the insurer to avoid its statutorily imposed liability by its assertion of `other insurance clauses' which would deny the insured from receiving that for which he has paid a premium." Id. at 156 .”
1 later decision quote this exact passage
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.