Johnson Co Inc v. Aetna Casualty and Surety Company’s Empirical Analysis
933 F.2d 66 · 1991
Citation profile
26 federal appellate · 16 district · 36 state decisions
How this case has been cited
Cited by 107 later decisions — most recently August 2021 · most notably Hybud Equipment Corp. v. Sphere Drake Insurance (1992), Morton International, Inc. v. General Accident Insurance (1993)
26 federal appellate · 16 district · 36 state decisions — followed in 16 states
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 42 U.S.C. § 6927 · 42 U.S.C. § 9601 (§ 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9604 (§ 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9607 (§ 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980)
Relies on Waste Management of Carolinas, Inc. v. Peerless Insurance · Ryan v. Royal Insurance Co. of America · 155 Wis. 2d 737 - Just v. Land Reclamation Ltd. · Claussen v. Aetna Casualty & Surety Co. · Lumbermens Mutual Casualty Co. v. Belleville Industries, 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 107 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[mjere speculation under these circumstances that any individual instance of disposal, including leaks, occurred “suddenly” cannot contradict a reasonable reading of the allegations that the entire pattern of conduct was not a “sudden and accidental” occurrence.”
4 later decisions quote this exact passage · from the majority“The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of A. bodily injury or B. property damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage . . . Exclusions This insurance does not apply: ‡ ‡ * sfc % (f) to bodily injury or properly damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; . . .”
3 later decisions quote this exact passage · from the majority“the company shall have the right and duty to defend any suit against the insured seeking damages on account of such ... property damage, even if any of the allegations of the suit are groundless, false, or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient....”
2 later decisions 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.