Legal Opinion

Babinski Properties v. Union Insurance

District Court, D. South Dakota

Decided June 13, 2011No. CIV. 09-4192-KESPublishedCited by 2 opinions

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

KAREN E. SCHREIER, Chief Judge.

Plaintiffs, Babinski Properties and Donald Babinski, brought suit against defendant, Union Insurance Company, seeking indemnification under Union’s umbrella policy held by Babinski Properties for money Donald paid to settle a wrongful death suit brought against his son’s estate. Union moves for summary judgment. Plaintiffs resist and move for partial summary judgment, which Union resists. Union’s motion is granted and plaintiffs’ motion is denied.

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2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  5. Phyllis ROSE-MASTON, Appellant, v. NME HOSPITALS, INC., Doing Business as Lutheran Medical Center, AppelleeCourt of Appeals for the Eighth Circuit · 1998

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3Cited by2 opinions

  1. Dakota Provisions, LLC v. Hillshire Brands Co.District Court, D. South Dakota · 2016
  2. Lundstrom, Jr. v. Homolka, P.A.District Court, D. South Dakota · 2022

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