Kennedy v. Agricultural Insurance
South Dakota Supreme Court
Appeal from Circuit Court, Faulk County. Hon. Loring E. Garry, Judge. An Action by Michael Kennedy against the Agricultural Insurance Company of Sioux Falls, S. D. From a judgment in favor of plaintiff, defendant appeals. Parties to policies may name their own conditions, and such conditions must have effect whenever a case for which they provide may arise. Phoenix Ins. Co. v. R. R. Co., 28 Ohio State 83; Allen v. German-American Ins. Co., '25 N. E. 309; Havens v. Ins.
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Appeal from Circuit Court, Faulk County. Hon. Loring E. Garry, Judge. An Action by Michael Kennedy against the Agricultural Insurance Company of Sioux Falls, S. D. From a judgment in favor of plaintiff, defendant appeals. Parties to policies may name their own conditions, and such conditions must have effect whenever a case for which they provide may arise. Phoenix Ins. Co. v. R. R. Co., 28 Ohio State 83; Allen v. German-American Ins. Co., '25 N. E. 309; Havens v. Ins. Co., hi Ind. 90, 12 N. E. 137; Insurance Co. v. Lamar, 106 Ind. 513, 7 N. E. 241; McGowan v. Insurance Co., 54 Yt. 211;…
1Opinion of the CourtHaney, J.
This action is on an -insurance policy alleged to have been issued by the defendant. On November 21, 1902, the defendant answered the complaint. On March 5, 1903, both parties noticed the cause for trial and filed notes of - issue. Subsequently the plaintiff served notice of motion for leave to file an amended complaint with a copy of the proposed amended pleading. On June 17, 1903, this motion was granted and defendant an*147sw.ered. The cause then being called for trial, defendant moved that it be stricken from the calendar and go over the term, for the reason that it was not at issue when the…
2Cases cited2 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- J. I. Case Threshing Machine Co. v. EichingerSouth Dakota Supreme Court · 1902
3Cited by8 opinions
- Highlands Insurance Company v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1982
- Violin v. Fireman's Fund InsuranceNevada Supreme Court · 1965
- Vern Eide Buick, Inc. v. United States Fidelity & Guaranty Co.South Dakota Supreme Court · 1978
- Orr v. National Fire InsuranceSouth Dakota Supreme Court · 1926
- Highlands Insurance v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 1982
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