Andover Newton Theological School, Inc. v. Continental Casualty Co.’s Empirical Analysis
930 F.2d 89 · 1991
Citation profile
6 federal appellate · 7 district · 3 state decisions
How this case has been cited
Cited by 19 later decisions — most recently October 2014
6 federal appellate · 7 district · 3 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
Applies 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967)
Relies on Trans World Airlines, Inc. v. Thurston · McLaughlin v. Richland Shoe Co. · Loeb v. Textron, Inc. · Eagle-Picher Industries, Inc. v. Liberty Mutual Insurance · Kolb v. Goldring, Inc.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“paper hearing” in the district court. Continental maintains that the attorney would have provided officers of the school with a full exposition of the provisions of the ADEA. A consequence of the district court’s assigning the burden of proof to Continental, rather than the school, however, was to bar the drawing of any such adverse inference. 3 . Continental filed two appeals which, raising the same issues, have been consolidated. 4 . In Andover / we held that, whether or not Continental would have to indemnify Andover for Dr. Linn's damages, it was bound to reimburse the school for the cost of defending the suit. 5 . We first said that “[c]overage for wrongful acts ... is limited by a specific exclusion of those ‘subjects of loss’ deemed uninsurable under Massachusetts law.”
1 later decision quote this exact passage · from the majority“any amount which the Assureds are legally obligated to pay or for which the School District may be required or permitted to pay as indemnity to the Assureds, for a claim or claims made against the Assureds for a Wrongful Act and shall include but not be limited to damages, judgments, settlements and costs, cost of investigation and defense of legal actions (excluding from such costs of investigation and defense salaries of officers or employees of the School District or any other government body) claims or proceedings and appeals therefrom, cost of attachment or similar bonds provided always, however, such subject of loss shall not include fines imposed by law, or matters which shall be deemed uninsurable under the law pursuant to which the policy shall be construed.”
1 later decision quote this exact passage · from the majority“Here we deal with conduct that may not have been a deliberate or intentional, and thus knowing, violation of Federal law. The conduct in this case, although a violation of law, may have been undertaken with reckless disregard as to whether it was unlawful. This discharging of a tenured professor was intentional. ... The fact that a wrongful act was committed intentionally, however, does not alone bar coverage. That bar arises only if an intentionally committed, wrongful act was also done deliberately or intentionally, in the sense that the actor knew that the act was wrongful. (Emphasis supplied.)”
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.