Reliance Insurance Company v. Capital Bancshares Inc/capital Bank Sunbelt Bancorp/sunbelt Savings Association of Texas’s Empirical Analysis
912 F.2d 756 · 1990
Citation profile
6 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 15 later decisions — most recently April 2014
6 federal appellate · 1 district · 1 state decisions
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 Stevens v. Marks · Dioguardi v. United States · Exchange National Bank of Olean v. Insurance Co. of North America · National City Bank of Minneapolis v. St. Paul Fire & Marine Insurance Co. · Maryland Casualty Co. v. State Bank & Trust 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[e]ven if the signatures had been genuine, the bogus stock certificates would not have been and the banks would still have suffered losses identical to those they now face.”
2 later decisions quote this exact passage · from the majority“[P]aragraph (1) of insuring agreement (E) provides no coverage here because paragraph (1) is limited to forged signatures on (or alteration, loss or theft of) “any original” of the several types of documents listed in its clauses (a) through (g) — clause (a) being “Security” — and here none of the bogus stock certificates may be considered an “original” “Security.” The bogus stock certificates themselves were nothing but completely fabricated inventions lacking any actual relationship whatever to any of the matters stated on them. We observe that the requirement for an “original” in paragraph (1) of insuring agreement (E)— dealing with forgery, alteration, loss, or theft — is not present in paragraph (3) (dealing with counterfeits) or paragraph (2) (guaranteed or signature witnessed for transfer, etc.). This distinction should be given effect. It seems to us that the import of the distinction is that clause (1) is restricted to instruments which, apart from the forged signature or alteration (or loss or theft), are otherwise genuine, actual instruments of the kinds referenced which would have value as such. The bogus stock certificates are not such instruments. Since they are not an “original” “Security,” no coverage is afforded under paragraph (1) of insuring agreement (E). 21”
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.