Schuldt v. State Farm Mutual Automobile Insurance Co.

This is an appeal from an entry of summary judgment against the plaintiff, Pamela Schuldt, ordering that Miss Schuldt pay $2,652.45 to the defendant, State Farm Mutual Automobile Insurance Company (State Farm), under the subrogation clauses of certain contracts of insurance between Miss Schuldt’s father and State Farm. Miss Schuldt appeals, contending that the granting of summary judgment by the trial court was improper. We reverse.

This case arises out of a previous case, Schuldt v. State Farm Mutual Automobile Insurance Company, S.D., 238 N.W.2d 270 (1975), in which State Farm’s rights under…