Legal Opinion

Dakota, Minnesota & Eastern Railroad v. Heritage Mutual Insurance Co.

South Dakota Supreme Court

Decided January 16, 2002No. 21903PublishedCited by 8 opinions

1Opinion of the Court

*514ERICKSON, Circuit Judge.

[¶ 1.] The Dakota, Minnesota and Eastern Railroad Company (DM&E) appeals from the judgment granting the cross-motion for summary judgment filed by Heritage Mutual Insurance Company (Heritage Insurance). We affirm.

FACTS

[¶ 2.] DM&E operates an interstate common carrier railroad within the State of South Dakota. Heritage Insurance is an insurance company doing business in South Dakota. At all times pertinent to this action, Heritage Insurance had a policy covering DM&E for damages because of bodily injury or property damage, and a corresponding duty to defend DM&E from…

2Cases cited16 opinions

  1. Alverson v. Northwestern National Casualty Co.South Dakota Supreme Court · 1997
  2. De Smet Insurance Co. of South Dakota v. GibsonSouth Dakota Supreme Court · 1996
  3. Trammell v. Prairie States Insurance Co.South Dakota Supreme Court · 1991
  4. Hawkeye-Security Insurance Co. v. Clifford Ex Rel. CliffordSouth Dakota Supreme Court · 1985
  5. American Family Mutual Insurance Co. v. ElliotSouth Dakota Supreme Court · 1994

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

3Cited by8 opinions

  1. Amerisure Insurance v. Navigators InsuranceCourt of Appeals for the Fifth Circuit · 2010
  2. Dakota, Minnesota & Eastern Railroad v. AcuitySouth Dakota Supreme Court · 2009
  3. Culhane v. Western National Mutual Insurance Co.South Dakota Supreme Court · 2005
  4. A-G-E Corp. v. State Ex Rel. State Department of TransportationSouth Dakota Supreme Court · 2006
  5. Dakota, Minnesota & Eastern Railroad v. AcuitySouth Dakota Supreme Court · 2006

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

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