Great West Casualty Co. v. Hovaldt

KONENKAMP, Justice.

[¶ 1.] Troy Hovaldt, a South Dakota trucker, was killed in a motor vehicle accident in Texas. After settling for the $100,000 limits of the tortfeasor’s motor vehicle liability policy, the estate additionally sought $100,000 of underinsured motorist coverage in the policy held by Ho-valdt’s employer, without an offset against the amount the tortfeasor’s insurance paid. The estate contends that Texas law would allow such an arrangement. The question is should Texas law or South Dakota law apply. In its declaratory judgment, the circuit court applied South Dakota law to…