State Farm Fire & Casualty Co. v. Nycum’s Empirical Analysis
943 F.2d 1100 · 1991
Citation profile
2 state decisions
Relationships
Relies on 22 Cal. 3d 865 - Clemmer v. Hartford Insurance Co. · 52 Cal. 3d 1009 - J. C. Penney Casualty Insurance v. M. K. · 213 Cal. App. 3d 41 - Merced Mutual Insurance v. Mendez · Allstate Insurance v. Kim W. · 187 Cal. App. 3d 169 - Travelers Insurance v. Lesher
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As we read it, then, this passage from J.C. Penney means only that allegations of child molestation that are accompanied by proof of willfulness-whether by criminal conviction, stipulation or otherwise-are presumed to be willful as a matter of law, and hence are excluded from coverage by § 533. It follows that once the insurer shows that the touching was intentional molestation, the insurer need not make any additional showing. J.C. Penney does not, however, relieve the insurer of its initial burden of showing that the act was intentional molestation. Accordingly, we reject State Farm’s argument that the mere allegation of sexual molestation precludes coverage as a matter of law.”
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.