Hooper v. Robinson’s Empirical Analysis
98 U.S. 528 · 1878
Citation profile
33 federal appellate · 20 district · 31 state decisions
How this case has been cited
Cited by 124 later decisions (6 by the Supreme Court) — most recently June 2014 · most notably St.louis Smelting and Refining Company v. Kemp. (1881), Sturm v. Boker (1893)
33 federal appellate · 20 district · 31 state decisions — followed in 14 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
Relies on Carpenter v. Providence Washington Insurance · Nelson Elliott v. Samuel Swartwout · Home Insurance Company v. Baltimore Warehouse Company · James McLanahan Wilhelmus Bogart and John Joseph Coiron v. The Universal Insurance Company · Hall Long v. The Railroad Companies
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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A policy like tlie one here in question, in the name of a specified party, ‘on account of whom it may concern,’ or with other equivalent terms, will he applied to the interest of the persons for whom it was intended by the person who ordered it, provided the latter had the requisite authority from the former, or they subsequently adopted it. 1 Phil. Ins. § 383. “This is the result, though those so intended are not known to the broker who procures the policy, or to the underwriters who are bound by it. Id. § 38-i. “One may become a party to an insurance effected in terms applicable to his interest, without previous authority from him, by adopting it either before or after the loss has taken place, though the loss may have happened before the insurance was made. Id. § 388. “The adoption of the policy need not be in any particular form. Anything which clearly evinces such purpose is sufficient.””
3 later decisions quote this exact passage · from the majority““See. 384. The intention of party who orders the policy determines who are the ‘concerned’ under a general description; though those intended are not known by the broker who effects the policy, or by the insurers, to be so. “Sec. 385. The rule, that an insurance ‘for whom it may concern’ will avail in behalf of the party for whom it is intended, does not mean that any specific individual must be intended. It is enough that the agent, and the insurers, intend it for any party or parties who have an insurable interest. If the insurance is ordered, then its application is governed by the intention of the party who originally gives the order; if it is not ordered, its application will be to the interest of the party intended by the one effecting it, whether himself or another. But he may intend it for whatever party shall prove to have an insurable interest in the specified subject, in which case it will be applicable to the interest of any person subsequently ascertained to have such an insurable interest, who adopts the insurance. “A valid insurance may, therefore, be made between x^arties, both of whom are at the time .ignorant of the specific persons to whose interest it is applicable.””
2 later decisions quote this exact passage““ A policy upon a cargo in the name of A, ‘on account of whom it may concern,’ or with other equivalent terms, will inure to the interest of the party for whom it was intended by A., provided he at the time of effecting the insurance, had the requisite authority from such party, or the latter subsequently adopted it.””
2 later decisions quote this exact passage
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.