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UNION INS. CO. v. FARMLAND INS. CO.

No. 14938.

389 N.W.2d 820 (1986)

UNION INSURANCE COMPANY, Plaintiff and Appellant, v. FARMLAND INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 16, 1986.

Attorney(s) appearing for the Case

Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

Edward J. Leahy of May, Johnson, Doyle & Becker, P.C., Sioux Falls, for defendant and appellee.

MORGAN, Justice.

Appellant, Union Insurance Company (Union), appeals from a declaratory judgment in favor of appellee, Farmland Insurance Company (Farmland). In its complaint, Union asked the trial court to render judgment pursuant to SDCL ch. 21-24, declaring Farmland had the primary duty to investigate, defend, and pay claims arising out of a motor vehicle accident occurring in 1983. The trial court instead held that Union was the primary insurer and Union appeals...

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