Legal Opinion
National Farmers Union Property & Casualty Co. v. Farm & City Insurance Co.
South Dakota Supreme Court
Decided November 17, 2004No. 23192, 23199PublishedCited by 10 opinions
1Opinion of the Court
MEIERHENRY, Justice.
[¶ 1.] This is a case of first impression in South Dakota. National Farmers Union Property and Casualty Company [NFU] filed a declaratory judgment action requiring the trial court to determine the relative priority between an umbrella insurance policy and a primary insurance policy with an “other insurance” clause. The trial court determined the policies were mutually repugnant and each insurer was required to pay its pro rata share of the damages. We reverse.
FACTS
[¶ 2.] On January 16, 1999, Gene Fre-drickson [the driver] was involved in a serious motor vehicle accident…
2Cases cited21 opinions
- State Farm Fire & Casualty Co. v. LiMauroNew York Court of Appeals · 1985
- Lumbermens Mutual Casualty Co. v. Allstate InsuranceNew York Court of Appeals · 1980
- Maryland Cas. Co. v. American Family Insurance GroupSupreme Court of Kansas · 1967
- Helmbolt v. LeMars Mutual Insurance Co.South Dakota Supreme Court · 1987
- Illinois Emcasco Insurance Co. v. Continental Casualty Co.Appellate Court of Illinois · 1985
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3Cited by10 opinions
- Horace Mann Insurance v. General Star National InsuranceCourt of Appeals for the Fourth Circuit · 2008
- Bovis Lend Lease LMB, Inc. v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- American Family Mut. Ins. Co. v. Regent Ins. Co.Nebraska Supreme Court · 2014
- EMJ Corp. v. Hudson Specialty InsuranceDistrict Court, N.D. Mississippi · 2015
- Harford Mutual Insurance Company v. StarStone National Insurance CompanyDistrict Court, D. Maryland · 2025
5 more not listed; retrieve them via the Exa API.