Lawrence v. Connecticut Mut. Life Ins.’s Empirical Analysis
91 F.2d 381 · 1937
Citation profile
6 federal appellate ·
Relationships
Relies on Fraser v. Jennison · Briesenmeister v. Supreme Lodge Knights of Pythias of the World · Bellestri-Fontana v. New York Life Insurance · Gilchrist v. Mystic Workers of the World · Detroit Edison Co. v. Stricker
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 principal questions are (1) whether it .was error for the court to admit the testimony of certain physicians disclosing information obtained by them in examining and treating the insured, upon the ground that such information was inadmissible under the Michigan statute * * *. “We think that the testimony of the physicians was admissible. The insured had expressly waived the protection of the statute. * * * While under the Michigan statute communications by a patient to his physician are privileged, the statute does not prohibit waiver of the privilege, and in fact expressly recognizes it. In Gilchrist v. Mystic Workers of the World, 188 Mich. 466 , 154 N.W. 575 , Ann.Cas.1918C, 757, the Michigan Supreme Court held that an applicant for insurance cannot waive in advance a privilege which excludes the testimony of his physicians upon the ground that such waiver is against public policy. This decision runs counter to a long line of Michigan authorities, both prior and subsequent. Fraser v. Jennison, 42 Mich. 206, 225 , 3 N.W. 882 ; Briesenmeister v. [Supreme Lodge] Knights of Pythias, 81 Mich. 525, 533 , 45 N.W. 977 ; Cf. La Count v. Von Platen-Fox Co., 243 Mich. 250 , 220 N.W. 697 ; People v. Kayne, 268 Mich. 186, 190 , 255 N.W. 758 . Except where vested rights ' arise, this court will not apply an isolated decision of the State court which is in conflict with both earlier and later interpretations of a local statute. The insured expressly agreed that all of his physicians”
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.