Simms v. Butler’s Empirical Analysis
1997
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently March 2018
20 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 433 So. 2d 1040 - Block v. Reliance Ins. Co. · 148 So. 2d 347 - Anderson v. Adams · 296 So. 2d 267 - Swanson v. Comeaux · State v. Cherry
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“B. Such owner's policy of liability insurance: * * * (2) Shall insure the person named therein... against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such motor vehicle ..., subject to limits exclusive of interest and costs with respect to each such motor vehicle as follows: (a) Ten thousand dollars because of bodily injury to or death of one person in any one accident, and, (b) Subject to said limit for one person, twenty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and (c) Ten thousand dollars because of bodily injury to or destruction of property of others in any one accident.”
5 later decisions quote this exact passage“The central issue decided by the court in Simms was whether the rental vehicle was being used with either the express or implied permission of Alamo. The permissive language in Simms appeared under the "Insured Autos" section of Allstate's policy. The court reasoned that Allstate's policy excluded coverage because Alamo, the owner of the rental car, did not give permission, either express or implied, to Butler to drive the vehicle. Thus, under Allstate's policy, the rental vehicle was not an "insured auto." Although the permissive language in this case appears under the "Insured Persons" section of the Progressive policy, the fact remains that because Mary Zaborowski never listed Landon as an authorized driver under the Budget rental agreement, even if she allowed him to use the vehicle, he did not have Budget's [the owner's] "expressed permission" to drive the rental vehicle. Therefore, under the reasoning of Simms , there was no coverage under the Progressive policy.”
1 later decision quote this exact passage“[s]ome insurance companies have broadened the coverage offered under their non-owned auto clauses. Some policies cover, in addition to use with permission, `use which is reasonably believed to be with the permission of the owner.' . . . The Butler's Allstate policy includes none of these expansive clauses.”
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.