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.
Supreme Court of South Dakota.
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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