Augustine v. Simonson’s Empirical Analysis

Citation profile

2 federal appellate · 3 district · 19 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the declared public policy of this State to encourage settlement and avoid unnecessary litigation,”

   2 later decisions quote this exact passage
   e.g. Redies v. Attorneys Liability Protection Society · McArthur v. State Farm Mutual Automobile Insurance Co.

2. “There are of course a number of considerations which militate in favor of settlement between the underinsured tortfeasor's insurer and the injured party. Obviously, settlement avoids litigation with its attendant expenses and resultant burden upon the legal system. Where the amount of settlement is less than the policy limits, the unpaid amount may well represent the savings in litigation costs for both sides. More importantly, settlement hastens the payment to the injured party who obviously needs compensation soon after the injuries when the medical expenses begin to amass and when the anxiety level is probably quite high. Additionally, there are many situations where litigation would not be a preferred course of action because, while the injuries are certain, there may remain other problems of proof. Thus, the public policy considerations, apart from the contract of the parties, generally favor settlements.”

   1 later decision quote this exact passage
   e.g. Ploen v. Union Insurance

3. “`We will pay under this coverage only after the limits of liability under any applicable bodily injury liability bonds or policies have been exhausted by payment of judgments or settlements.'”

   1 later decision quote this exact passage
   e.g. Ploen v. Union Insurance