Carsten v. Aetna Life Insurance Co.

WINANS, Justice.

This is an appeal from an order granting summary judgment to defendant, Aetna Life Insurance Company. Plaintiff, Guy Carsten, alleges error because a genuine issue of material fact exists that prevents entry of judgment as a matter of law. We agree.

We examine the evidence, as we must, in a light most favorable to the non-moving party. Wilson v. Great Northern Railway Co., 1968, 83 S.D. 207, 157 N.W.2d 19. On March 1, 1968 Aetna issued a group policy (# 58520) to C. P. Clare & Co., Rapid City, South Dakota. On February 10,1969, plaintiffs wife was employed by C. P. Clare and…