Sbisa v. Lazar’s Empirical Analysis

Citation profile

5 federal appellate · 1 district · 4 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Judgment in divorce suit ordering wife to indorse her waiver of any interest in, and turn over to husband, policy on his life which she had in her possession and which reserved to him right to change beneficiary held binding on her and those standing in privity with her, and was not subject to attack by such parties in insurance company’s interpleader suit, though prior to such judgment husband, by act of donation, had given wife all his right, title, and interest in the policy. “Where judgment in divorce suit fixed title to policy on husband’s life in husband, but husband, notwithstanding court’s aid, was unable to obtain possession of policy from divorced wife so that he could send policy to insurance company for change of beneficiary, and wife’s name, therefore, still remained indorsed on policy as beneficiary when husband died, policy stood as though no beneficiary had been named, and was payable to husband’s administrator for benefit of his heirs. “Where divorce suit judgment fixed title to policy on husband’s life in husband, but husband was unable to obtain policy from his divorced wife who was named as beneficiary and had possession of policy, husband’s administrator held entitled, in insurer’s interpleader suit, to the proceeds of the policy, notwithstanding policy provision that change of beneficiary should become effective only on insurer’s indorsement of change on the policy, since provision was for protection of insurer only, and was waived by filing interpleade”

   1 later decision quote this exact passage · from the majority
   e.g. 27 F. Supp. 791 - Metropolitan Life Ins. Co. v. Richardson

2. “... Mrs. Pollock's name, it is true, still remains indorsed on the policy as beneficiary, but that is so only because Dr. Pollock, with the aid of the court, was never able to get possession of the policy so that he could send it to the insurance company and have the name of the beneficiary changed. The policy stands as though no beneficiary had been named, and is therefore payable to the administrator of the insured for the benefit of the heirs. Appellees can hardly say with straight faces that appellants ought to be defeated for the reason that Dr. Pollock failed to send in the policy to the home office of the company and have the name of a new beneficiary indorsed on it. The provision of the policy as to the method of effecting a change of beneficiary was one for the benefit and protection of the insurance company only; and the insurance company clearly waived it by filing the bill of interpleader and depositing the amount of the policy to be paid to those entitled to receive it as the court might direct. [Citations omitted.] [Emphasis added.]”

   1 later decision quote this exact passage · from the majority
   e.g. Standard Life & Acc. Ins. Co. v. Pylant

3. ““The rights of the beneficiaries named in a life-insurance policy should certainly not be made to depend upon the discretionary election by the insurance company as to whether or not it will begin an inter-pleader suit to determine who is entitled to the proceeds of the policy. The beginning of a suit to determine the rights of rival claimants and the payment of the proceeds of a policy into court, or the giving of a bond to the clerk of the court, will not change the legal rights of the claimants. Their rights must be determined as of the time of the insured’s death and cannot be subsequently changed by the insurer. By beginning suit the insurer does not concede the claim of any particular beneficiary but merely asks the court to determine to whom it should pay the proceeds of the policy. The better view is that the rights of named beneficiaries become vested on the death of the insured and cannot thereafter be affected by any subsequent act of the insurer.””

   1 later decision quote this exact passage · from the majority
   e.g. Aetna Life Insurance Company v. Parker