Farmers Union Mutual Ins. Co. v. Decker
Insurance Company, Plaintiff, Appellee
and Cross-Appellant
v.
Martin Decker, Donald
Decker, Gerald Decker,
Jamie Iverson, and
Rodney Iverson, Defendants, Appellants
and Cross-Appellees
Judge Allan L. Schmalenberger
| Appellant: | William P. Zuger | |
| Appellant: | Vinje Law Firm | |
| Appellee: | Bucklin, Klemin, McBride & Schweigert, P.C. |
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1. The District Court erred, as a matter of law, and the Appellants are entitled to a Summary Judgment that they are provided coverage under the Appellee's policy of general liability insurance.
2. The Appellants are entitled to all of their reasonable attorneys' fees and expenses of litigation for the defense of the declaratory judgment action brought by their insurance company.
Appellants' Issues on Reargument
Issue 1: Should the coverage issue stated as issue 2 be considered by the Court when raised first in a reply brief on appeal?
Issue 2: Does the phrase "used exclusively" in the exception to the motor vehicle exclusion of the farm liability policy, mean "used exclusively" within the policy period, within the insured's ownership of the motor vehicle or within some other time frame?
Appellee's Statement of the Issues:
A. Did the District Court err in determining that the insurance policy of Farmers Union Mutual did not provide insurance coverage and a duty to defend Gerald Decker in a negligent entrustment action (the "underlying action") commenced against him by Jamie Iverson and Rodney Iverson?
B. Did the District Court err in determining that Gerald Decker was entitled to an award of his attorney fees and costs in the underlying action?
C. Did the District Court err in determining that the Defendants were not entitled to an award of their attorney's fees in the declaratory judgment action? Appellee Issues on Reargument
1.Should the coverage issue stated in question (2) be considered by this Court when raised first in a reply brief on appeal?
2.Does the phrase "used exclusively" in the exception to the motor vehicle exclusion of the farm liability policy, mean "used exclusively" within the policy period, within the insured's ownership of the motor vehicle or within some other time frame?
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