Legal Opinion
Triple U Enterprises, Inc. v. New Hampshire Insurance
District Court, D. South Dakota
Decided August 11, 1983No. CIV. 83-5070PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION
BOGUE, Chief Judge.
This diversity action comes before the Court on cross motions for summary judgment. Plaintiffs contend that Defendant breached its contract of insurance by refusing to defend and by refusing to provide coverage. Defendant asserts that it breached no duty to defend because Plaintiffs’ claim is not covered under the insurance policy. This Court holds that Defendant breached its contract of insurance by wrongfully refusing to defend and that Plaintiffs are entitled to summary judgment on that issue.
I
Plaintiff, Triple U Enterprises, Inc., is a South Dakota…
2Cases cited42 opinions
- Hauenstein v. St. Paul-Mercury Indemnity Co.Supreme Court of Minnesota · 1954
- Hogan v. Midland National InsuranceCalifornia Supreme Court · 1970
- Larry Luke, Individually v. American Family Mutual Insurance Company, American Family Mutual Insurance Company v. Larry Luke, IndividuallyCourt of Appeals for the Eighth Circuit · 1973
- Lay v. Aetna Insurance Co.Court of Appeals of Texas · 1980
- Hamilton Die Cast, Inc. v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Seventh Circuit · 1975
37 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Prudential Property & Casualty Insurance v. LawrenceCourt of Appeals of Washington · 1986
- In Re San Juan Dupont Plaza Hotel Fire LitigationDistrict Court, D. Puerto Rico · 1992
- Western Casualty & Surety Co. v. WaisanenDistrict Court, D. South Dakota · 1987
- Triple U Enterprises, Inc., a Corporation L.R. Houck and Jerry Houck v. New Hampshire Insurance Company, a CorporationCourt of Appeals for the Eighth Circuit · 1985
- Aetna Casualty & Surety Co. v. McIbs, Inc.District Court, D. Nevada · 1988
6 more not listed; retrieve them via the Exa API.