De Smet Insurance Co. of South Dakota v. Gibson

KONENKAMP, Justice.

[¶ 1] Insurer brought a declaratory action seeking to enforce its resident family member exclusion as applied to the policy’s uninsured motorist coverage. The circuit court proclaimed the exclusion void as against public policy. We reverse.

Facts

[¶ 2] De Smet Insurance Company of South Dakota insured a 1992 Pontiac Grand Prix involved in an accident on October 8, 1994. Shayne Gibson, the named insured, was driving, and his brothers, Matthew and Lance, were passengers. Shayne was killed. Matthew and Lance claim injuries resulting from their deceased brother’s negligence. De…