NFU v. FARM AND CITY INS. CO.

Nos. 23192, 23199.

689 N.W.2d 619 (2004)

2004 SD 124

NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY, Plaintiff and Appellant, v. FARM AND CITY INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 17, 2004.


Attorney(s) appearing for the Case

Roy A. Wise of Richardson, Wyly, Wise, Sauck & Hieb, Aberdeen, SD, for plaintiff and appellant.

Melissa E. Neville of Bantz, Gosch & Cremer, Aberdeen, SD, for defendant and appellee.


MEIERHENRY, Justice.

[¶ 1.] This is a case of first impression in South Dakota. National Farmers Union Property and Casualty Company [NFU] filed a declaratory judgment action requiring the trial court to determine the relative priority between an umbrella insurance policy and a primary insurance policy with an "other insurance" clause. The trial court determined the policies were mutually repugnant and each insurer was required to pay its pro rata share of the...

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