Legal Opinion
Demaray v. De Smet Farm Mutual Insurance Co.
South Dakota Supreme Court
Decided July 20, 2011No. 25757PublishedCited by 11 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] Insureds sued their insurance company for breach of its duty to defend in a pollution suit. The circuit court granted summary judgment for the insureds, ruling that it appeared from the face of the complaint brought by a third party against the insureds that the alleged claim, if true, fell within.policy coverage, and therefore, the insurance company breached its duty to defend. On appeal, we reverse because the policy language is unambiguous, and the complaint asserted no claim that would arguably invoke coverage.
Background
[¶ 2.] On July 16, 2007, the Alvine Family…
2Cases cited37 opinions
- Outboard Marine Corp. v. Liberty Mutual InsuranceIllinois Supreme Court · 1992
- Hybud Equipment Corp. v. Sphere Drake InsuranceOhio Supreme Court · 1992
- Queen City Farms, Inc. v. Central Nat'l Ins. Co. of OmahaWashington Supreme Court · 1995
- Hecla Mining Co. v. New Hampshire Insurance Co.Supreme Court of Colorado · 1991
- Morton International, Inc. v. General Accident InsuranceSupreme Court of New Jersey · 1993
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3Cited by11 opinions
- United Nuclear Corp. v. Allstate InsuranceNew Mexico Supreme Court · 2012
- Hot Stuff Foods, LLC v. Houston Casualty CompanyCourt of Appeals for the Eighth Circuit · 2014
- Swenson v. Auto-Owners Insurance Co.South Dakota Supreme Court · 2013
- Wheeler v. Farmers Mutual Insurance Co. of NebraskaSouth Dakota Supreme Court · 2012
- De Smet Insurance Co. of South Dakota v. PourierSouth Dakota Supreme Court · 2011
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