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WESTPHAL v. AMCO INSURANCE COMPANY

No. 11164.

209 N.W.2d 555 (1973)

Marvin WESTPHAL, Special Administrator of the Estate of Elsie Westphal, Deceased, et al., Plaintiffs and Appellants. v. AMCO INSURANCE COMPANY, a corporation, and Dairyland Insurance Company, a corporation, Defendant and Respondent.

Supreme Court of South Dakota.

July 26, 1973.

Attorney(s) appearing for the Case

Dana, Golden, Moore & Rasmussen, and Richard W. Sabers, Sioux Falls, for plaintiffs and appellants.

Davenport, Evans, Hurwitz & Smith, and Ellsworth E. Evans, Sioux Falls, for defendant and respondent, Amco Ins. Co.

WINANS, Justice.

This is an action for declaratory relief declaring that defendant, Amco Insurance Company, under its uninsured motorist coverage, should pay damages in excess of the limits of defendant Dairyland Insurance Company's policy insuring motorist coverage with respect to the automobile in which plaintiffs were riding. The trial was held to the court and the facts stipulated. The lower court held that plaintiffs...

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