880 So. 2d 968 - Davis v. Counts’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the absence of a conflict with statutes or public policy, insurers have the same rights as individuals to limit their liability and enforce whatever conditions they impose upon their obligations. It is the particular insurance policy of the insured that establishes the limits of lia bility, and it is well established that this contract of insurance is the law between the parties.”

   2 later decisions quote this exact passage
   e.g. 153 So. 3d 1196 - Reynolds v. Bordelon · 957 So. 2d 315 - Pietsch v. Farmer

2. “State Farm does not dispute that exemplary damages possibly would be payable under the policy if its limits had not already been exhausted. However, [the plaintiff], despite her arguments to the contrary, has presented no legal support to hold State Farm liable for damages, exemplary or otherwise, over and above its stated policy limits. Moreover, forcing an insurer to pay punitive damages over and above its policy limits is illogical considering that the purposes of punitive damages are to punish defendants for their egregious behavior and deter similar conduct, see Ross v. Conoco, Inc. XXXX-XXXX (La. 10/15/02), 828 So.2d 546 .”

   1 later decision quote this exact passage
   e.g. Bourgeois v. Meyer

3. “pay damages which an insured becomes legally liable to pay.”

   1 later decision quote this exact passage
   e.g. Bourgeois v. Meyer