Allied Mutual Casualty Co. v. Milbank Mutual Insurance

HERSRUD, Circuit Judge.

Ted Decker farmed in Beadle County, South Dakota, and in his farming operations had a farm truck which was insured by Milbank Mutual Insurance Company to the extent of actual cash value. The policy insured the vehicle as a private passenger or utility automobile and the policy described him as a farmer and the application stated the truck was to be used for farm hauling.

During the spring of 1958 Mr. Decker decided to engage in custom combining. He discussed this with the agent through whom he had purchased the insurance from Milbank Mutual Insurance Company and was…