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DAIRYLAND INSURANCE COMPANY v. KLUCKMAN

No. 10991.

201 N.W.2d 209 (1972)

DAIRYLAND INSURANCE COMPANY, an Insurance corporation, Plaintiff and Appellant, v. Harlan KLUCKMAN and Betty Kluckman, Defendants, third-party Plaintiffs and Respondents, Gerald G. Hilbers et al., Defendants and Respondents, v. UNIVERSAL UNDERWRITERS INSURANCE CO., an Insurance corporation, Third-Party Defendant and Respondent.

Supreme Court of South Dakota.

October 5, 1972.

Attorney(s) appearing for the Case

Siegel, Barnett, Schutz, O'Keefe & Ogborn, Joseph H. Barnett, Aberdeen, for plaintiff and appellant.

Maloney, Kolker & Fritz, Aberdeen, for defendant and respondent Gerald G. Hilbers.

Voas, Richardson, Groseclose & Kornmann, Aberdeen, for third party defendant and respondent.

Lakeman & Krause, Mobridge, for defendants, Third Party plaintiffs and respondents.

WOLLMAN, Judge.

This is an appeal by Dairyland Insurance Company (Dairyland) from an adverse judgment in a declaratory judgment action brought by it to determine respective rights and liabilities under a liability insurance policy issued by Dairyland to Gerald G. Hilbers (Hilbers) and which was in effect on February 17, 1968, the date of a collision between an automobile driven by Hilbers and a building in Mobridge, South Dakota, which resulted in personal injuries...

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