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AMCO INSURANCE v. EMPLOYERS MUTUAL CASUALTY

No. 26797.

845 N.W.2d 918 (2014)

2014 S.D. 20

AMCO INSURANCE CO., Plaintiff and Appellant, v. EMPLOYERS MUTUAL CASUALTY COMPANY d/b/a EMC Insurance Companies, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 16, 2014.

Attorney(s) appearing for the Case

James E. Moore , Cheri S. Raymond of Woods, Fuller, Shultz & Smith, PC, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Timothy M. Gebhart , Justin T. Clarke of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this dispute between successive commercial general liability insurers, we are asked to declare void as against public policy an exclusion barring coverage for an unknown progressive or continuous injury or damage that occurred before the inception date of the successor insurance policy.

Background

[¶ 2.] Steven Thomas & Sons, LLC was a South Dakota limited liability company.1

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