Rumsey v. St. Paul Mercury Ins. Co.

242 N.W.2d 677 (1976)

Kenneth RUMSEY, Plaintiff and Respondent,

v.

ST. PAUL MERCURY INSURANCE COMPANY, Defendant and Appellant.

No. 11730.

Supreme Court of South Dakota.

June 3, 1976.

Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendant and appellant.

Lynden D. Levitt, Rapid City, for plaintiff and respondent.

WINANS, Justice.

The sole question before us for determination in this appeal is whether or not the circuit court was in error in finding that Plaintiff's automobile insurance policy had not been canceled prior to an accident for which Plaintiff seeks recovery. In…