Legal Opinion · Concurring in part, dissenting in part

Cimarron Insurance Co. v. Croyle

South Dakota Supreme Court

Decided January 8, 1992No. 17415, 17422Published

1Concurring in part, dissenting in partHenderson, Justice

(specially concurring in part; dissenting in part).

I

I specially concur in approximately one-half of the majority opinion, i.e., declaring Cimarron’s household exclusion in the liability portion of the policy invalid as being violative of this state’s public policy.

II

Joining our immediate past Chief Justice’s dissent in toto on the balance of the majority opinion, I likewise dissent to limiting the family exclusion clause “void” — up to $25,000.00. Where is the magic in the figure $25,000 when discussing public policy?

Freedom to contract. For whom? Certainly not, as an example, for the rights…

2Cases cited8 opinions

  1. Estep v. State Farm Mutual Automobile InsuranceNew Mexico Supreme Court · 1985
  2. State Farm Mutual Automobile Insurance v. WagamonSupreme Court of Delaware · 1988
  3. Green v. Clinic Masters, Inc.South Dakota Supreme Court · 1978
  4. Streich v. American Family Mutual Insurance Co.Supreme Court of Minnesota · 1984
  5. Richard v. FlifletNorth Dakota Supreme Court · 1985

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