Legal Opinion

James v. State Farm Mut. Auto. Ins. Co.

South Dakota Supreme Court

Decided May 29, 2019No. #28547PublishedCited by 2 opinions

1Opinion of the Court

[¶5.] The circuit court concluded that State Farm could not subrogate against its own insured. It further held that the reimbursement clause was ambiguous. As a consequence, the court construed the policy against State Farm, the drafter, granting summary judgment to James. State Farm appeals, raising one issue and several sub-issues restated as follows:

1. Whether the language of the reimbursement clause is ambiguous.

2. Whether requiring James to reimburse State Farm implicates the *543anti-subrogation rule or offends public policy.

3. If State Farm is entitled to reimbursement, whether James is…

2Cases cited15 opinions

  1. Alverson v. Northwestern National Casualty Co.South Dakota Supreme Court · 1997
  2. St. Paul Fire & Marine Insurance Co. v. SchillingSouth Dakota Supreme Court · 1994
  3. Ass Kickin Ranch, LLC v. North Star Mutual Insurance Co.South Dakota Supreme Court · 2012
  4. Harvieux v. Progressive N. Ins. Co.South Dakota Supreme Court · 2018
  5. Wilson v. Allstate Insurance CompanySouth Dakota Supreme Court · 1971

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

3Cited by2 opinions

  1. Kaiser Trucking, Inc. v. Liberty MutualSouth Dakota Supreme Court · 2026
  2. Subrogation Division, Inc. v. BrownDistrict Court, D. South Dakota · 2020

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