Legal Opinion · Concurrence

Stoebner v. South Dakota Farm Bureau Mutual Insurance Co.

South Dakota Supreme Court

Decided August 11, 1999No. 20577Published

1ConcurrenceGilbertson, Justice

[¶ 20.] “The insurer must show that the claim clearly falls outside the policy coverage.” State Farm Mut. Auto. Ins. Co. v. Wertz, 540 N.W.2d 636, 638 (S.D.1995). See also Hawkeye-Security Ins. Co. v. Clifford, 366 N.W.2d 489, 492 (S.D.1985). The policy written by Farm Bureau provides coverage for “an occurrence” which is subsequently defined in part as an “accident.” Although it could have defined what constitutes an “accident,” Farm Bureau chose not to do so. We have defined the word “accident” in the liability insurance policy context to be, “an undesigned, sudden and unexpected event,…

2Cases cited7 opinions

  1. Hawkeye-Security Insurance Co. v. Clifford Ex Rel. CliffordSouth Dakota Supreme Court · 1985
  2. State Farm Mutual Automobile Insurance Co. v. WertzSouth Dakota Supreme Court · 1995
  3. State v. MiskiminsSouth Dakota Supreme Court · 1989
  4. Taylor v. Imperial Casualty & Indemnity CompanySouth Dakota Supreme Court · 1966
  5. State v. FreySouth Dakota Supreme Court · 1989

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