Legal Opinion

Elrod v. General Casualty Co. of Wisconsin

South Dakota Supreme Court

Decided July 16, 1997No. NonePublishedCited by 22 opinions

1Opinion of the Court

AMUNDSON, Justice.

[¶ 1.] The trial court granted a summary judgment in favor of DeSmet Insurance Company (DeSmet), finding that any under-insured motorist (UIM) coverage DeSmet provided for Elrod would be excess. General Casualty Company (General Casualty) appeals, as it was found to be the primary insurer. We affirm.

FACTS AND PROCEDURAL HISTORY

[¶2.] On July 30, 1992, Sheldon Haas (Haas) was driving an automobile which collided with an automobile driven and owned by Susan Thompson (Thompson) and occupied by Eugene Elrod (Elrod). Both Thompson and Elrod suffered injuries as a result of the…

2Cases cited22 opinions

  1. Alverson v. Northwestern National Casualty Co.South Dakota Supreme Court · 1997
  2. State Farm Mutual Automobile Insurance Co. v. VostadSouth Dakota Supreme Court · 1994
  3. Citizens Mutual Automobile Insurance Company, a Michigan Corporation v. Liberty Mutual Insurance Company, a Massachusetts CorporationCourt of Appeals for the Sixth Circuit · 1959
  4. St. Paul Fire & Marine Insurance Co. v. SchillingSouth Dakota Supreme Court · 1994
  5. Farmland Insurance Companies of Des Moines v. HeitmannSouth Dakota Supreme Court · 1993

17 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Gloe v. Union Insurance Co.South Dakota Supreme Court · 2005
  2. Nickerson v. American States InsuranceSouth Dakota Supreme Court · 2000
  3. Great West Casualty Co. v. HovaldtSouth Dakota Supreme Court · 1999
  4. Coffey v. CoffeySouth Dakota Supreme Court · 2016
  5. State Farm Mutual Auto Insurance v. PowersSupreme Court of Vermont · 1999

17 more not listed; retrieve them via the Exa API.

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