Compagnie des Bauxites de Guinee v. Insurance Co. of North America’s Empirical Analysis
724 F.2d 369 · 1983
Citation profile
56 federal appellate · 5 district · 4 state decisions
How this case has been cited
Cited by 107 later decisions — most recently April 2019 · most notably Jaime Blum, Brij Kapur and James C. Spitsbergen, in 86-5349 v. Witco Chemical Corporation, in 86-5310 (1987), Parkway Garage Inc 92-1828 v. City of Philadelphia (1993)
56 federal appellate · 5 district · 4 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
Applies 28 U.S.C. § 1291
Relies on Insurance Corp. of Ireland v. Compagnie Des Bauxites De Guinee · Bernhardt v. Polygraphic Co. of America, Inc. · Kolender v. Lawson · Brakeman v. Potomac Insurance Co. · Pennsylvania Glass Sand Corporation v. Caterpillar Tractor Company
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 107 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e believe that the definition of a fortuitous event that Pennsylvania would adopt is that found in the Restatement of Contracts: A fortuitous event ... is an event which so far as the parties to the contract are aware, is dependent on chance. It may be beyond the power of any human being to bring the event to pass; it may be within the control of third persons; it may even be a past event, such as the loss of a vessel, provided that the fact is unknown to the parties. Restatement of Contracts, § 291 comment a (1932) (emphasis added). We think it inappropriate to cause the insured to suffer a forfeiture by concluding, with the aid of hindsight, that no fortuitous loss occurred, when at the time the insurance took effect only a risk was involved so far as the parties were aware. (Citations omitted).”
6 later decisions quote this exact passage · from the concurrence“a Pennsylvania court today would interpret the coverage of an all-risks policy broadly.”
1 later decision quote this exact passage · from the concurrence
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.