Munson v. Speck’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Under these circumstances we do not believe the car was `temporarily used as the substitute' for the Studebaker within the meaning of the policy. No one would seriously contend if Speck (insured) had sold the Studebaker on March 30, that a car driven by him thirty days later would be driven as a `substitute' for the Studebaker as that term is used in the policy. We do not believe the present facts any more nearly reach the situation intended to be covered by this policy provision than the actual sale of the car. The word `temporarily' read in connection with the whole of the policy provision indicates that it is intended the described car is to again be placed in use by the insured. "This provision, we are convinced, was not intended to cover a car used by the insured after the described car was sold or abandoned with the intention of never using it again as disclosed by the facts presently before us. * * * * * * "The facts in this case, as above stated, disclose without question that while Speck's car had been withdrawn from use so far as he was concerned, he had, at the time in question, abandoned it. If his car had been capable of use at the time of the accident (which it might have been in so far as this record reveals) it would not `have been in use at the time and in the circumstances involved', because he had abandoned it, he was `through with it'. The car being driven at the time, in other words, was not being driven as a `substitute'."”

   1 later decision quote this exact passage
   e.g. Nelson v. St. Paul Mercury Insurance Company