Joann Scherschligt and Lester Scherschligt v. Empire Fire & Marine Insurance Company

HANSON, Senior District Judge.

JoAnn and Lester Scherschligt appeal from a summary judgment for Empire Fire & Marine Insurance Company (hereinafter “Empire”) in this diversity action upon a policy of farm liability insurance. The district court 1 held that Empire did not breach á contractual duty to defend the former owner of the policy, one Earl Hansen (who assigned his claim against Empire to the Scherschligts), because the policy clearly and unambiguously excluded coverage for the accident that gave rise to Hansen’s liability. We affirm.

I

JoAnn Scherschligt of Yankton County, South Dakota,…