Progressive Halcyon Insurance Co. v. Philippi

GILBERTSON, Chief Justice.

[¶ 1.] On August 22, 2006, Carol Welln-itz (Wellnitz) and her auto insurance provider, Progressive Halcyon Insurance Co. (Progressive), filed a declaratory judgment action in the South Dakota Third Judicial Circuit seeking a determination that immunity extended to her under South Dakota’s workers’ compensation statute, SDCL 62-3-2, for an injury that she caused to Sylvia Ruhr (Ruhr). On February 8, 2007, Wellnitz and Progressive filed a motion for summary judgment under SDCL 15-6-56(c). The circuit court granted the motion. Ruhr’s estate appeals and we affirm.

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