Malloy v. Head’s Empirical Analysis
1939
Citation profile
2 federal appellate · 2 district · 33 state decisions
How this case has been cited
Cited by 40 later decisions — most recently September 2001 · most notably Pawtucket Mutual Insurance v. Lebrecht (1963), 122 Ga. App. 556 - Wolverine Insurance v. Sorrough (1970)
2 federal appellate · 2 district · 33 state decisions — followed in 10 states
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 Baker v. Metropolitan Casualty Insurance · Southern Surety Co. of Now York v. Heyburn · Glens Falls Indemnity Co. v. Keliher · Lauze v. New York Life Insurance · Ward v. Maryland Casualty Co.
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[Ajssume for present purposes that the plaintiffs reasonably believed that neither claim nor suit would arise out of the accident. “The trouble with the contention of the plaintiffs, as thus given the fullest possible effect, is that they assumed to become the judges of the prospect for claim and suit, whereas one of the purposes of the notice of accident is to afford opportunity to the insurer, the responsible party in case the policy is to continue in effect, to decide that very question and to act in accordance with its own judgment. Ward v. Casualty Co., supra, [ 71 N.H. 262 ] pages 267, 268, 51 A. 900 . Compare also Amoskeag Trust Company v. Insurance Co., 88 N.H. 154, 159, 162 , 185 A. 2 .” Id. 4 A.2d at 878 .”
1 later decision quote this exact passage“It is common for a freshly injured man to say that the accident was not the fault of the assured, only to change his mind later with the full approval of the jury. Such situations continually arise, many of them with no taint of fraud. They are the daily problems of insurers. This is the well known situation concerning which the parties have contracted.”
1 later decision quote this exact passagee.g. Kennedy v. Dashner
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.