North Pacific Insurance v. Kelley

I respectfully dissent. There is a triable issue of material fact on the question whether Kelley’s cattle were being “unloaded” within the meaning of the exclusion on Kelley’s farm liability policy. This issue of fact should be decided by a jury.

With due respect to the majority, not every provision of an insurance policy which excludes coverage must be interpreted in favor of the insured. First, we must attempt to interpret it accurately, consistent with canons of construction and the evidence adduced. Then, only if such efforts yield ambiguous or vague interpretations can we reach for the…