West v. Jacobs’s Empirical Analysis
1990
Citation profile
4 federal appellate · 2 district · 24 state decisions
How this case has been cited
Cited by 36 later decisions — most recently February 2014 · most notably Anchor Centre Partners, Ltd. v. Mercantile Bank, N.A. (1991), American States Insurance v. Mathis (1998)
4 federal appellate · 2 district · 24 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 J. E. Hathman, Inc. v. Sigma Alpha Epsilon Club of Columbia · Harrison v. MFA Mutual Insurance Co. · Robin v. Blue Cross Hospital Service, Inc. · Gast v. Ebert · Elliott v. Harris
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An event that takes place without one's foresight or expectation; an undesigned, sudden and unexpected event. Hence, often, an undesigned or unforeseen occurrence of an afflictive or unfortunate character; a mishap resulting in injury to a person or damage to a thing; a casualty; as, to die by accident.”
3 later decisions quote this exact passage““An insurance policy is a contract and, as with any other contract, must be given effect by the plain terms of its agreement.” Holland Corp., Inc. v. Maryland Casualty Co., 775 S.W.2d 531 at 533 (Mo.App.1989), citing Transport Indemnity Co. v. Teter, 575 S.W.2d 780 at 784 (Mo.App.1978). Terms of an insurance policy are to be interpreted in accordance with the ordinary meaning of the language used. Holland, supra at 533 . Language is ambiguous only if it is reasonably open to different construction. Robin v. Blue Cross Hospital Service, Inc., 637 S.W.2d 695 at 696 (Mo. banc 1982). The term “ambiguous” generally means reasonably and fairly open to different constructions. First National Bank of Malden v. Farmers New World Life Ins. Co., 455 S.W.2d 517 at 522 (Mo.App.1970). “Where language in an insurance contract is unequivocal, it is to be given its plain meaning notwithstanding the fact that it appears in a restrictive provision of a policy.” Holland, supra, quoting Harrison v. M.F.A. Mut. Ins. Co., 607 S.W.2d 137 at 142 (Mo. banc 1980). Further, a court must not use its “inventive powers for the purpose of creating an ambiguity where none exists.” Holland, supra, quoting State Farm Mut. Auto. Ins. Co. v. Ward, 340 S.W.2d 635 at 639 (Mo.1960).”
1 later decision quote this exact passage“any oral or written contract or agreement relating to the conduct of the named insured's business.”
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.