Legal Opinion

Kief Farmers Cooperative Elevator Co. v. Farmland Mutual Insurance

North Dakota Supreme Court

Decided July 3, 1995No. Civ. 950011PublishedCited by 31 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

Kief Farmers Cooperative Elevator Company [Kief] appealed from a summary judgment dismissing its claim that Farmland Mutual Insurance Company [Farmland] is obligated under its contract of insurance to pay for property damage and business income loss incurred by Kief. We reverse and remand for further proceedings.

In 1985, Kief erected a 100,000 bushel grain storage bin at its facility in Butte. The contractor, however, incorrectly installed the wall side discharge flume hoods. The wall side discharge flume system was used only once, on May 26, 1988, when a unit train…

2Cases cited28 opinions

  1. Garvey v. State Farm Fire & Casualty Co.California Supreme Court · 1989
  2. Prudential-LMI Commercial Insurance v. Superior CourtCalifornia Supreme Court · 1990
  3. American Home Products Corporation, Plaintiff-Appellant-Cross-Appellee v. Liberty Mutual Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1984
  4. Sentinel Insurance Co. v. First Insurance Co. of Hawai'i, Ltd.Hawaii Supreme Court · 1994
  5. United States Gypsum Co. v. Admiral InsuranceAppellate Court of Illinois · 1994

23 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Don's Building Supply, Inc. v. Onebeacon Insurance Co.Texas Supreme Court · 2008
  2. Hanneman v. Continental Western Insurance Co.North Dakota Supreme Court · 1998
  3. Martin v. Allianz Life Insurance Co. of North AmericaNorth Dakota Supreme Court · 1998
  4. Towns v. Northern Security InsuranceSupreme Court of Vermont · 2008
  5. Nodak Mutual Insurance Co. v. HeimNorth Dakota Supreme Court · 1997

26 more not listed; retrieve them via the Exa API.

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