Ogima v. Rodriguez’s Empirical Analysis
1992
Citation profile
1 district ·
Relationships
Applies 28 U.S.C. § 2671 · 28 U.S.C. § 2679
Relies on American Home Assurance Company v. Czarniecki · Sterling & Esther Jensen v. George M. Snellings, III & Snellings, Breard, Sartor, Inabnett & Trascher, Defendants-Third Party Granada Corp. v. Appalachian Insurance Co., Third Party · Hemel v. State Farm Mut. Auto. Ins. Co. · 504 So. 2d 833 - Meloy v. Conoco, Inc. · Graves v. Traders & General Insurance 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On the other hand, the provision in the State Farm policy fails to specifically identify the insureds who are being denied coverage and the circumstances and nature of the liability intended to be excluded. Such vague references as “any damages for which the United States might be liable” is too ambiguous, vague and overly comprehensive. Louisiana requires an insurer to draft an exclusion in clear, specific, unambiguous and restrictive-limited terms. The burden is on State Farm to prove the legal sufficiency of its exclusion. State Farm has failed to meet this burden. In fact, State Farm has conceded in its briefs that the language contained in its exclusion “would be against public policy” under certain circumstances. To allow an insurer to pick and choose when there might be coverage afforded or denied depending on the facts is inconsistent with Louisiana law. The terms of the exclusion should be such that it is clear who is insured and what is excluded.”
1 later decision quote this exact passage · from the majority
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.