Legal Opinion

Berkley Regional Specialty Insurance Co. v. Dowling Spray Service

South Dakota Supreme Court

Decided May 20, 2015No. 27020PublishedCited by 7 opinions

1Opinion of the Court

KONENKAMP, Retired Justice.

[¶ 1.] This appeal addresses the remaining insurance coverage questions arising from the intersection collision described in Berkley Regional Specialty Insurance Company v. Dowling Spray Service, 2015 S.D. 9, 860 N.W.2d 257. In that case, we ruled that the policy insuring the owner of the crop sprayer provided no coverage. Here, we determine whether coverage is afforded by either of the two policies insuring the driver of the crop sprayer. The circuit court ruled that neither policy created a duty to defend and indemnify the driver.

Background

[¶ 2.] Troy Dowling…

2Cases cited7 opinions

  1. St. Paul Fire & Marine Insurance Co. v. SchillingSouth Dakota Supreme Court · 1994
  2. Ass Kickin Ranch, LLC v. North Star Mutual Insurance Co.South Dakota Supreme Court · 2012
  3. Vander Heide v. Boke Ranch, Inc.South Dakota Supreme Court · 2007
  4. Opperman v. Heritage Mutual Insurance Co.South Dakota Supreme Court · 1997
  5. Collins v. StateSupreme Court of Iowa · 1998

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

3Cited by7 opinions

  1. Uhre Realty v. TronnesSouth Dakota Supreme Court · 2024
  2. Lead GHR Enters., Inc. v. Am. States Ins. Co.United States District Court · 2019
  3. Sioux Steel Company v. Ins. Co. of the State of PACourt of Appeals for the Eighth Circuit · 2025
  4. Atain Specialty Insurance Co. v. Bailey WatsonCourt of Appeals for the Seventh Circuit · 2024
  5. Atain Specialty Insurance Co. v. Bailey WatsonCourt of Appeals for the Seventh Circuit · 2024

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

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