Insurance Company v. McCain’s Empirical Analysis

Citation profile

24 federal appellate · 3 district · 32 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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Good faith requires that the principal should be held by the acts of one whom he has publicly clothed with apparent authority to bind him."”

   2 later decisions quote this exact passage · from the majority
   e.g. American Casualty Co. of Reading, Pa. v. Castellanos · Yannuzzi v. United States Casualty Co.

2. “The policy was received from an agent of the company, one B. F. Smith, who was appointed to solicit applications for policies and collect premiums for a district of country embracing a part of Mississippi and also a part of Alabama, in which the insured resided. To him the first premium was paid. The second premium, due on the 10th of December, 1869, was paid on the 5th of that month to his subagent, who, before the 10th, handed him the amount, and it was *Page 716 credited in his account rendered to the company in April following. The account disclosed the fact that the amount was received upon the policy in question. After its receipt, no communication was made by the company to the assured that Smith was not its agent at the time of the payment, nor was any objection made to the sufficiency of the payment. The insured died in June, 1870.”

   1 later decision quote this exact passage
   e.g. Law Union & Rock Ins. Co. v. Scott