Legal Opinion
South Dakota State Cement Plant Commission v. Wausau Underwriters Insurance Co.
South Dakota Supreme Court
Decided August 23, 2000No. 20789, 20815PublishedCited by 37 opinions
1Opinion of the Court
AMUNDSON, Justice.
[¶ 1.] Wausau Underwriters Insurance Company (Wausau) appeals the trial court’s judgment finding Wausau breached its duty to defend its insured South Dakota State Cement Plant (SDCP), claiming they had no duty to defend because the underlying lawsuit against SDCP fell within the “absolute pollution exclusion” in SDCP’s insurance policy with Wausau. Wausau also appeals the trial court’s decision that Wausau was liable for the underlying settlement amount of $200,000, the amount for which SDCP settled the underlying lawsuit. We reverse.
*399FACTS
[¶ 2.] SDCP is engaged in the…
2Cases cited33 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- In Re Estate of HobelsbergerSouth Dakota Supreme Court · 1970
- Pipefitters Welfare Educational Fund v. Westchester Fire Insurance CompanyCourt of Appeals for the Seventh Circuit · 1993
- Cunningham v. Yankton Clinic, P. A.South Dakota Supreme Court · 1978
- Regional Bank of Colorado, N.A. v. St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Tenth Circuit · 1994
28 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Biegler v. American Family Mutual Insurance Co.South Dakota Supreme Court · 2001
- Weitzel v. Sioux Valley Heart PartnersSouth Dakota Supreme Court · 2006
- Behrens v. WedmoreSouth Dakota Supreme Court · 2005
- Culhane v. Western National Mutual Insurance Co.South Dakota Supreme Court · 2005
- American Family Insurance Group v. RobnikSouth Dakota Supreme Court · 2010
32 more not listed; retrieve them via the Exa API.