Legal Opinion

Insurance Co. of North America v. Schultz

South Dakota Supreme Court

Decided June 14, 1989No. 16433Published

1Opinion of the Court

SABERS, Justice.

Sandy and Allan Schultz (Insureds) appeal an adverse judgment on a claimed loss of 917 hogs under the theft clause of a commercial farm policy with Insurance Company of North America (INA).

Facts

Insureds were brothers who began raising hogs together in 1974. They developed a hog confinement system to raise the hogs. The hogs were farrowed on Sandy’s farm. Shortly after weaning, the hogs were moved a mile and one-half to Allan’s farm. They were counted and placed in a grower building. The grower building contained pens which gradually increased in size from one end of the…

2Cases cited9 opinions

  1. Baugher v. Hartford Fire InsuranceSupreme Court of Kansas · 1974
  2. Long v. Glidden Mutual Insurance AssociationSupreme Court of Iowa · 1974
  3. Lovas v. St. Paul Insurance CompaniesNorth Dakota Supreme Court · 1976
  4. Anderson v. Farm Bureau Ins. Co. of NebraskaNebraska Supreme Court · 1985
  5. Coastal Plains Feeders, Inc., Cross v. Hartford Fire Insurance Co., CrossCourt of Appeals for the Fifth Circuit · 1977

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