United States Fire Insurance v. Hilde

Carley, Judge.

Appellee Hilde was employed to perform aerial application of liquid paraquat upon a crop of wheat owned by A. R. Clark, Jr. After Hilde sprayed Clark’s field, several persons who had interests in land adjacent to Clark’s field complained that the paraquat had drifted onto their fields and had damaged their crops. Hilde’s insurer, who is appellant herein, sought a declaratory judgment that it would not be liable to the complaining third parties for damages arising from Hilde’s application of the paraquat. The trial court ruled that Hilde’s contract of insurance with appellant…