Legal Opinion · Dissent

Nelson v. St. Paul Mercury Insurance Company

South Dakota Supreme Court

Decided October 26, 1967No. File 10335—10344Published

1DissentRoberts, Judge

I am unable for several reasons to concur in the majority decision.

A policy of liability insurance was issued in the name of Douglas Edwin Nelson to cover a vehicle described as a 1953 Chevrolet Bel Aire sedan. Plaintiff insured was driving a panel truck when he was involved in an accident. The trial court decreed that there was no coverage. The ground on which the majority base their decision and reversal is that the panel truck *41at the time of the accident was being used by plaintiff as a temporary substitute automobile under the terms of the policy insuring the Chevrolet sedan.

A "temporary…

2Cases cited8 opinions

  1. Farley v. American Automobile InsuranceWest Virginia Supreme Court · 1952
  2. Gabrelcik v. National Indemnity Co.Supreme Court of Minnesota · 1964
  3. Iowa Mutual Insurance Company v. AddySupreme Court of Colorado · 1955
  4. Lewis v. BradleyWisconsin Supreme Court · 1959
  5. Erickson v. GenisotMichigan Supreme Court · 1948

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API