Western Casualty & Surety Co. v. Budrus

August Richter appeals from a summary judgment dismissing his counterclaim against Edward Budrus’ insurer, Western Casualty and Surety Company. The issue on appeal is whether Western, under the terms of its policy, has an obligation to defend Budrus for the sale of mistagged seed to Richter. Because we con- elude that Western has an obligation to defend, we reverse.

The facts are undisputed, and the action is therefore appropriate for summary judgment. In June, 1979, Richter purchased 400 pounds of Birdsfoot Trefoil seed, a perennial seed high in protein for cows, from Budrus, who operates a…