American States Insurance v. Super Spray Service, Inc.

Plaintiff appeals an adverse judgment in its action for a declaration that its policy did not provide liability coverage to defendants for damage to Carleton’s crops from aerial spraying.1 Defendants counterclaimed, alleging that plaintiff must indemnify defendants for any legal liability to Carleton. Plaintiff and defendants filed cross motions for summary judgment. The court denied plaintiffs motion and granted defendants’ on the issue of liability. Plaintiff assigns those rulings as errors. The parties stipulated to damages of $88,432.12, plaintiff reserving rights of appeal on the issue…