Papousek v. De Smet Farm Mut. Ins. Co.Annotate this Case
After a severe storm, Richard and Lorayna Papousek discovered that ninety-three of their cattle were dead. It was determined that the cause of the cattle’s death was drowning. At the time, the Papouseks had in effect a farmowner-ranchowner policy purchased from De Smet Farm Mutual Insurance Company of South Dakota. De Smet denied the Papouseks’ claim filed under the drowning provision of the policy because none of the cattle were found submerged in water. The Papouseks filed a declaratory judgment action seeking a declaration that the policy covered the cattle losses. The circuit court granted summary judgment in favor of De Smet. The Supreme Court reversed, holding that the Papouseks established coverage under the drowning provision, and De Smet did not prove an exclusion to coverage under the policy.