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← 861 So. 2d 181 - Fowler v. Fowler

861 So. 2d 181 - Fowler v. Fowler’s Empirical Analysis

2003

Citation profile

7
cited by 7 later decisions
1
states following
April 2018
most recently cited

6 state decisions

Relationships

Relies on Messersmith v. Messersmith · 332 So. 2d 834 - TL James & Co., Inc. v. Montgomery · Thigpen v. Thigpen · Sizeler v. Sizeler · Nulsen v. Herndon

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

  1. “The reason why life insurance, if made payable to a beneficiary other than the estate of the insured or his heirs, executors or administrators, is not considered as a part of the estate of the insured ... is that the proceeds or avails of life insurance do not come into existence during the lifetime of the insured, and do not belong at any time to him, but pass by virtue of the contract directly from the insurer to the beneficiary named in the policy. That is not true of an annuity contract. In such a contract the payment to the beneficiary, if he or she survives the annuitant, is a payment of a fund which belonged to the annuitant during his lifetime.”
    1 later decision quote this exact passage
  2. “In the instant case, we granted certiora-ri to determine whether the proceeds of a life insurance policy paid during the matrimonial regime of acquets and gains are the separate or community property of the beneficiary spouse. We conclude that life insurance proceeds are sui generis and not governed by codal principles which govern community property. Fowler, 861 So.2d at 182 (emphasis added).”
    1 later decision quote this exact passage
  3. “life insurance proceeds enjoy a status not accorded to other property in Louisiana.”
    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.