COLOMBE v. AMERICAN STANDARD INSURANCE CO. OF WIS.

Civ. No. 71-45W.

359 F.Supp. 206 (1973)

Josephine COLOMBE v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Madison, Wisconsin, a Stock Insurance Company, and American Family Mutual Insurance Company, Madison, Wisconsin.

United States District Court, D. South Dakota.

May 29, 1973.


Attorney(s) appearing for the Case

Ronald E. Clabaugh, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S. D., for plaintiff.

Franklin J. Wallahan, Hanley, Wallahan, Driscoll & Murray, Rapid City, S. D., for defendant.


MEMORANDUM DECISION

BOGUE, District Judge.

The stipulation of facts entered into by the attorneys for the respective parties shows the following:

On October 21, 1970, the American Standard Insurance Company of Wisconsin issued to one Jeffrey Devine, an automobile liability insurance policy, No. 90-006476, covering a 1952 Ford panel truck. That policy contained, in part, the following provisions:

A. The Company shall pay on behalf of the...

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