SPRINGFIELD INSURANCE CO. v. EXCESS UNDERWRITERS

No. 10164.

135 N.W.2d 722 (1965)

SPRINGFIELD INSURANCE COMPANY, Plaintiff and Respondent, v. EXCESS UNDERWRITERS, INC., a Corporation, and Truck Insurance Exchange, et al., Defendants and Appellants.

Supreme Court of South Dakota.

June 10, 1965.


Attorney(s) appearing for the Case

Hanley, Costello & Porter, Rapid City, for defendants and appellants, Truck Insurance Exchange, a reciprocal or inter-insurance exchange, by Truck Underwriters Association, a Corporation, its Attorney-in-Fact; Excess Underwriters, Inc., a Corporation; and Dixon Bros., a Corporation.

Whiting, Lynn, Freiberg & Shultz, Rapid City, for plaintiff and respondent, Springfield Insurance Co.

Molstad & Walker, Sturgis, for defendants and respondents, Sam E. Will and Mary Ethel Will, d/b/a Eldorado Motel.

Bangs, McCullen, Butler & Foye, Rapid City, for defendant and respondent, Moyle Petroleum Co., a Corporation, d/b/a Sturgis Phillips "66".


HANSON, Judge:

This action for declaratory relief was commenced by the Springfield Insurance Company, as insurer of the Moyle Petroleum Company, following a fire on July 21, 1962 at the Phillips "66" Station in Sturgis, South Dakota. At the time of the fire, Richard Johnson was the driver and in charge of a 1960 Beall tank trailer which was attached to and pulled by a 1959 Kenworth tractor. While unloading the tank trailer some gasoline spilled out causing a fire...

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