1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 801 N.W.2d
  5. 801 N.W.2d 284 (2011)
 

DEMARAY v. DE SMET FARM MUT. INS. CO.

No. 25757.

801 N.W.2d 284 (2011)

2011 S.D. 39

Floyd DEMARAY and James Hagemann, Plaintiffs and Appellees, v. DE SMET FARM MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 20, 2011.

Attorney(s) appearing for the Case

Mark V. Meierhenry , William Blewett of Meierhenry & Sargent, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Larry M. Von , Wald of Beardsley, Jensen and Von Wald, Prof. LLC, Rapid City, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Insureds sued their insurance company for breach of its duty to defend in a pollution suit. The circuit court granted summary judgment for the insureds, ruling that it appeared from the face of the complaint brought by a third party against the insureds that the alleged claim, if true, fell within policy coverage, and therefore, the insurance company breached its duty to defend. On appeal, we reverse because the policy language is unambiguous...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases