We continue our analysis of the individual Justices’ voting records in insurance law cases with Chief Justice Burke.
During her tenure, the Chief Justice has sat on 24 civil cases involving insurer parties. She has split her votes down the middle: 12 votes for the insurer, 12 votes against. Those totals hold even when we consider a narrower span of years. From 2006 to 2010, Chief Justice Burke voted with insurer parties seven times and against them seven times. For the years 2011 to 2019, the Chief Justice has voted with insurers five times and against them five.
Relatively few of these cases involved decisions won by the insurer below. Across her tenure, the Chief Justice has voted to affirm decisions won by the insurer at the Appellate Court on four occasions (all four in 2007 and 2008) and has voted to reverse insurer wins five times.
Since joining the Court in 2006, Chief Justice Burke has voted to reverse in cases lost by the insurer at the Appellate Court eight times, while voting to affirm seven insurer losses. Between 2006 and 2012, the Chief Justice voted five times to reverse insurer losses while voting to affirm four times. From 2013 to last year, Chief Justice Burke has split her votes evenly in six cases – three to reverse, three to affirm.
Join us back here next Tuesday and we will wrap up our seven-part post on the Justices’ voting record in insurer cases.