Scherschlight v. Empire Fire & Marine Insurance

MEMORANDUM DECISION

NICHOL, Senior District Judge.

This is a diversity action brought by JoAnn and Lester Scherschlight, citizens of South Dakota, alleging breach of an insurer’s duty to defend, against Empire Fire and Marine Insurance Company, a Nebraska corporation. The Scherschlights were assigned this claim by Earl G. Hanson, the insured under Empire’s policy. Both the plaintiffs and the defendant are seeking summary judgment relief.

The underlying facts of this case began when Hanson sold his 1950 Chevrolet pickup which he had been using only on his farm in Nebraska. Because the pickup was…