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BERKLEY REG'L SPECIALTY v. DOWLING SPRAY

Nos. 27021, 27031.

860 N.W.2d 257 (2015)

2015 S.D. 9

BERKLEY REGIONAL SPECIALTY INSURANCE COMPANY, Plaintiff, v. DOWLING SPRAY SERVICE; Troy Dowling; Scott Dowling; Great West Casualty Company; Kelsey Seed & AG Service LLC, Defendants, James Seiler and Kimberly Seiler, Defendants and Appellees, and Farm Bureau Mutual Insurance Company, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 11, 2015.

Attorney(s) appearing for the Case

Matthew J. Kinney , Spearfish, South Dakota, John W. Burke of Thomas, Braun, Bernard & Burke, LLP, Rapid City, South Dakota, Attorneys for defendants and appellees Seilers.

Ronald A. Parsons, Jr. of Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, South Dakota, Mark D. O'Leary , Sioux Falls, South Dakota, Attorneys for defendant and appellant Farm Bureau Mutual Insurance Company.

[¶ 1.] After an intersection collision between a crop sprayer and a motorcycle, the injured motorcyclists sought damages for their injuries through two insurance policies insuring the driver of the crop sprayer and through a third policy insuring the owner of the crop sprayer. Ruling on the latter policy, the circuit...

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