Farmland Insurance Companies of Des Moines v. Heitmann

It is my view that Heitmann’s policy is not inconsistent or contradictory to the statutes. Rather, the policy is more favorable to Heitmann in this particular provision. My research has disclosed no case in which this Court has held that an explicit provision of a policy which is more favorable to the insured than an incorporated statutory provision, is “in conflict with, or repugnant to, statutory provisions[.]” I dissent from the majority writing which in effect does so now.

I agree with the majority in its adoption of the trial court’s holding which cited Alexander v. Home Ins. Co., 53 S.D.…