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STATE AUTOMOBILE & CASUALTY UNDER. v. ISHMAEL

No. 11049.

202 N.W.2d 384 (1972)

STATE AUTOMOBILE AND CASUALTY UNDERWRITERS, a corporation, Plaintiff and Respondent, v. Ralph ISHMAEL, as Special Administrator of the Estate of Mary Chamberlain Chasing Hawk, Deceased, Defendant and Appellant, and Wesley Kaberna, as Administrator of the Estate of Kenneth Kaberna, Deceased, et al., Defendants.

Supreme Court of South Dakota.

Decided November 27, 1972.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith and J. B. Shultz, Sioux Falls, for plaintiff and respondent.

Brady, Kabeiseman, Light & Reade and C. E. Light, Yankton, for defendant and appellant.

BIEGELMEIER, Judge.

The plaintiff, State Automobile and Casualty Underwriters, commenced this declaratory judgment action to establish whether or not its insurance policy provided coverage to the defendant, Walter Sparks, by way of defense or judgment resulting from an automobile accident which occurred on September 13, 1966. Defendant Ishmael appeals from a judgment for plaintiff insurance company.

The insurance company, by the terms of the policy, agreed...

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