· 11/5/2008
American Family Mutual Insurance Co. v. Auto-Owners Insurance Co.
Citations
- 2008 SD 106
- 757 N.W.2d 584
- 2008 S.D. LEXIS 146
- 2008 WL 4816666
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the case-by-case approach “is the best approach to employ in the landlord-tenant context because it applies basic contract principles”
- concluding that “subrogation may be appropriate where the lease does not require the landlord to purchase [property] insurance or the lease requires the tenants to purchase their own insurance to cover liabilities resulting from their negligence”
- allowing an insurer to maintain a subrogation action after examining the lease and “[considering the equitable underpinnings of subrogation”
- allowing an insurer to maintain a subrogation action after examining the lease and “[c]onsidering the equitable underpinnings of subrogation”
- collecting state law cases that have adopted or repudiated the Su`t`ton Ru`le
Source: CourtListener parenthetical corpus (CC0).
Judges: Gilbertson, Meierhenry, Miller, Wilbur, O'Brien, Sabers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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