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← 907 So. 2d 116 - Bennett v. Ragon

907 So. 2d 116 - Bennett v. Ragon’s Empirical Analysis

2005

Citation profile

5
cited by 5 later decisions
1
states following
June 2018
most recently cited

5 state decisions

Relationships

Relies on 617 So. 2d 880 - Stobart v. State Through DOTD · 397 So. 2d 475 - Bazley v. Tortorich · 848 So. 2d 577 - Cadwallader v. Allstate Ins. Co. · 512 So. 2d 389 - Caudle v. Betts · 665 So. 2d 1166 - Ledbetter v. Concord General Corp.

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

  1. “An insurance policy is an agreement between the parties and should be construed according to general rules of contract interpretation. The judiciary's role in interpreting insurance contracts is to determine the common intent of the parties to the contract. Unless the words of the policy have acquired a technical meaning, they are to be construed using their plain, ordinary, and generally prevailing meaning. The agreement must be enforced as written if the policy wording at issue is clear and expresses the intent of the parties. An insurance company may limit coverage in any manner, as long as the limitations do not conflict with statutory provisions or public policy. The exclusionary provisions of an insurance contract are strictly construed against the insurer, and any ambiguity in the exclusion is construed in favor of the insured. (Citations omitted.)”
    1 later decision quote this exact passage
  2. “In the civil context ... assault is generally defined as the “threat of a battery.” Battery is defined as “[a] harmful or offensive contact with a person, resulting from an act intended to cause him to suffer such a contact.”.... In the criminal context, Louisiana Revised Statutes 14:33 defines battery as “the intentional use of force or violence upon the ^person of another.” Louisiana Revised Statutes 14:36 defines assault as “an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.””
    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.