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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.