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· 5/20/2015

Berkley Regional Specialty Insurance Co. v. Dowling Spray Service

Citations

  • 2015 SD 35
  • 864 N.W.2d 505
  • 2015 S.D. LEXIS 69
  • 2015 WL 2409169

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the district court improperly considered testimony of an employee to declare intent of coverage under the policy because the plain and ordinary meaning of the policy was unambiguous
  • holding that road accident between motorcy- cle and John Deere tractor used for spraying crops was not covered under operation exception because sprayer was not in operation but rather traveling as land vehicle
  • holding that road accident between motorcy- cle and John Deere tractor used for spraying crops was not covered under operation exception because sprayer was not in operation but rather traveling as land vehicle
  • “Extrinsic evidence must not be considered when the language of a contract is unambiguous.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Konenkamp, Gilbertson, Zinter, Severson, Kern, Wilbur

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.