Legal Opinion

Alpha Property & Casualty Insurance Co. v. Ihle

South Dakota Supreme Court

Decided April 17, 2013No. 26436Published

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] After an intoxicated driver struck and injured several children, the driver’s insurer brought a declaratory action seeking a ruling that it had no duty to defend or indemnify the driver. In.granting summary judgment for the insurer, the circuit court held that coverage had expired twelve hours before the accident. We affirm.

Background

[¶ 2.] At noon on September 23, 2007, Tamara Bradford, while intoxicated, ran into and seriously injured four children. The children had been riding their bikes or standing alongside the road. Bradford later pleaded guilty to two counts…

2Cases cited6 opinions

  1. Kobbeman v. OlesonSouth Dakota Supreme Court · 1998
  2. Alverson v. Northwestern National Casualty Co.South Dakota Supreme Court · 1997
  3. Bordeaux v. Shannon County SchoolsSouth Dakota Supreme Court · 2005
  4. American Family Mutual Insurance Co. v. ElliotSouth Dakota Supreme Court · 1994
  5. Schulte v. PROGRESSIVE NORTHERN INSURANCE COMPANYSouth Dakota Supreme Court · 2005

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