Prudential Ins. v. Zorger’s Empirical Analysis
86 F.2d 446 · 1936
Citation profile
2 federal appellate · 4 state decisions
How this case has been cited
Cited by 8 later decisions — most recently October 1969
2 federal appellate · 4 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 Southern Pacific Railroad v. United States · New Orleans v. Citizens' Bank · United States v. Worley · Oklahoma v. Textas · United States Fidelity & Guaranty Co. v. McCarthy
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.
““ 'The answer to the present problem hinges on the construction to be placed upon the word “permanent” when used in connection with the disability provisions of insurance contracts. If it is to be given the strict and narrow meaning of unchangeable under any and all circumstances, then indeed, there is no logical reason why a judicial determination of such condition, once had, should not endure for all time. “ ‘The insured, however, has never been held to such a narrow and restricted meaning of the word “permanent” when seeking benefits under a policy providing for payments when permanently disabled, but rather has been permitted recovery upon proof of a condition that would appear at the time to be reasonably certain to continue. [Cases cited]. He has never been held to the duty of establishing a condition that would not under any circumstances yield to treatment and must forever remain steadfast. It would be unreasonable that he be required to exclude all possibility of improvement to entitle him to prevail. “ ‘The same meaning must' be accorded the word: when dealing with the rights of che insurer. The rule that the language of an insurance policy having been placed therein by the insurer, is to be construed most strongly against it, has no application here, as urged by appellee, and is no justification for giving one meaning to the word when defining it for the benefit of the insured' and another when invoked by the insurer. Where the insurer can establish that the insure”
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.