Palatine Ins. v. Ewing’s Empirical Analysis

Citation profile

1 federal appellate · 1 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But if this conclusion were not so clear as it seems to us to be, and were-only a permissible one, there are several established rules of construction applicable to the subject which concur in inducing the same result. One of those rules is that forfeitures are not favored in law, and the courts will seek to find, if fairly possible, such a construction of the contracts of parties-as will relieve them from the inequitable consequences arising therefrom. * * * Another rule, which is especially, but not solely, applicable to insurance contracts, is that, when the meaning of the instrument, taken as a-whole, is doubtful, its several provisions should be construed favorably to-the party to whom the undertaking is made, and most strongly against the party in whose interest the provisions are introduced. * * * still another rule is that, where a special provision is added to the formal contract,, the special provision will be taken to dominate the formal part, upon the-principle that it more surely expresses the final purpose of the parties.””

   1 later decision quote this exact passage · from the majority
   e.g. Atlas Reduction Co. v. New Zealand Ins.