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  5. 205 N.W.2d 633 (1973)
 

CRABB v. NATIONAL INDEMNITY COMPANY

Nos. 11035, 11041.

205 N.W.2d 633 (1973)

Samuel W. CRABB, Special Administrator of the Estate of John Allan Ripple, Deceased, Plaintiff, Respondent, and Cross Appellant, v. NATIONAL INDEMNITY COMPANY, an Insurance corporation, Defendant, Appellant, and Cross Respondent.

Supreme Court of South Dakota.

March 23, 1973.

Attorney(s) appearing for the Case

Costello, Porter, Hill, Banks & Nelson, Rapid City, for defendant, appellant, and cross respondent.

Robert Varilek, Rapid City, for plaintiff, respondent, and cross appellant.

HANSON, Justice.

This is an action by a judgment creditor against an insurer to recover the balance remaining unpaid on a wrongful death judgment. The amount sought is in excess of the insured's policy limits.

The defendant insurer, National Indemnity Company, had issued an automobile liability insurance policy to Sylvester Wade, with a limitation on liability of $10,000 for the death or injury of one person. On May 27, 1966, while the policy was in effect...

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