Kaiser v. North River Insurance Co.

AMUNDSON, Justice.

[¶ 1.] North River Insurance d/b/a Crum & Forster Insurance (Crum & Forster), the workers’ compensation carrier for the City of Yankton, South Dakota (City), appeal the summary judgment granted to Rodney and Marlys Kaiser (Kaisers) declaring that Crum & Forster have no sub-rogation right to proceeds from a separate underinsured motorist policy purchased by Rodney Kaiser’s employer, City. We reverse.

FACTS

[¶ 2.] Rodney Kaiser (Rodney) was employed as a volunteer fireman with City. On March 17, 1996, while responding to a grass fire,- Rodney was severely injured when he was…