Legal Opinion
Stoebner v. South Dakota Farm Bureau Mutual Insurance Co.
South Dakota Supreme Court
Decided August 11, 1999No. 20577PublishedCited by 13 opinions
1Opinion of the CourtSabers, Justice
[¶ 1.] Farm Bureau appeals a summary judgment that it breached a duty to defend. Finding genuine issues of material fact, we reverse and remand for trial.
FACTS
[¶ 2.] On May 26, 1991, an altercation occurred between Jeanette Stoebner and her daughter-in-law, Lori Gregerson, at Gregerson’s home. Gregerson later filed a complaint claiming Stoebner committed intentional torts of assault and battery. Sto-ebner claimed that she acted in self-defense.
[¶ 3.] On the date of the altercation, Stoebner was insured by Farm Bureau. She submitted the defense of Gregerson’s claim to Farm Bureau. It refused…
2Cases cited18 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Allstate Insurance v. NovakNebraska Supreme Court · 1981
- Preferred Mutual Insurance v. ThompsonOhio Supreme Court · 1986
- Lamp v. First National Bank of GarretsonSouth Dakota Supreme Court · 1993
- Auto-Owners Insurance v. HarringtonMichigan Supreme Court · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Weitzel v. Sioux Valley Heart PartnersSouth Dakota Supreme Court · 2006
- Farmers & Mechanics Mutual Insurance Co. of West Virginia v. CookWest Virginia Supreme Court · 2001
- South Dakota State Cement Plant Commission v. Wausau Underwriters Insurance Co.South Dakota Supreme Court · 2000
- Vermont Mutual Insurance v. WalukiewiczSupreme Court of Connecticut · 2009
- A-G-E Corp. v. State Ex Rel. State Department of TransportationSouth Dakota Supreme Court · 2006
8 more not listed; retrieve them via the Exa API.