Sanchez v. Callegan’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An insurance policy is an aleatory, nominate contract subject to the general rules of contract interpretation as set forth in our civil code. The extent of coverage under an insurance contract is dependent on the common intent of the insured and insurer. Thus, when interpreting an insurance contract, courts must attempt to discern the common intent of the insured and insurer. In ascertaining the common intent of the insured and insurer, courts begin their analysis with a review of the words in the insurance contract. Words in an insurance contract must be ascribed their generally prevailing meaning, unless the words have acquired a technical meaning, in which case the words must be ascribed their technical meaning. Moreover, an insurance contract is construed as a whole and each provision in the contract must be interpreted in light of the other provisions. One provision of the contract should not be construed separately at the expense of disregarding other provisions.”

   1 later decision quote this exact passage
   e.g. 236 So. 3d 689 - Barber v. La. Mun. Risk Mgmt. Agency Grp. Self-Insured Fund

2. “The burden of proof remains with the movant. However, if the movant will not' bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, the movant’s burden on the motion does not require him to negate all essential elements of the. adverse party’s claim, action, or defense, but rather to point out to the court that there is an absence of factual support for. one or more elements essential to the adverse party’s claim, action, or defense. .Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden' of proof at trial, there is no genuine issue of material fact.”

   1 later decision quote this exact passage
   e.g. 185 So. 3d 308 - KP Auto Sales, Inc. v. ADG, LLC

3. “When the language of an insurance policy is clear and unambiguous, a reasonable interpretation consistent with the obvious meaning and intent of the policy must be given.”

   1 later decision quote this exact passage
   e.g. 927 So. 2d 1200 - LaFleur v. Aftco Enterprises, Inc.