Parsing the meaning of “drowning” Richard and Lorayna Papousek owned and operated a crop and livestock ranch in Quinn, South Dakota. A massive storm named Winter Storm Atlas struck the area October 3-5, 2013. The storm began as rain and then turned into snow. After the storm subsided, the Papouseks discovered that 93 of their yearling heifers were dead. The Papouseks hired Jim McConaghy, DVM, to ascertain the cause of
Court Decisions
Window washing woes In a lawsuit that preceded this case, the Clinton Condominium Owners Association brought claims for negligence and breach of contract against We Do Windows, Inc., a window washing company that the association had hired to work at its condominium building. We Do Windows tendered those claims to its general liability insurer, Truck Insurance Exchange (TIE), to defend and indemnify it. The insurer denied the tender. At some
Read the policy or weep In 2006, John Amankwah purchased automobile insurance for his Mercury Sable from Liberty Mutual Insurance Company through agent Robert Walker. The policy included comprehensive and collision coverage. Amankwah later purchased a Kia and added it to the policy, also with full coverage. He renewed the policy in March 2011 and approximately one month later purchased a Volkswagen Passat to replace the Sable. Amankwah called Walker’s
Does CGL policy cover breach of contract? In contemplation of retirement, several home owners who were related by blood or marriage acquired seven lots on which to construct six houses in a subdivision on a lake in Van Buren County, Arkansas. The home owners retained CENARK Project Management Services, Inc., an engineering firm, to design the building pads for each residence that was to be built on the lots. The
Was fire a “wrongful entry”? On September 19, 2012, Charles Korzan and his brother, Michael Korzan, were moving hay bales from Charles’s property in Jones County to his property in Brule County. The weather and crop conditions were dangerously dry. To transport the hay bales, Michael drove a 1998 International 9400 series semi-truck, hauling a 48-foot trailer. Charles drove a similar semi-truck and trailer. Charles owned both semi-trucks and trailers.
