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CUNNINGHAM v. WESTERN CAS. & SUR. CO.

No. 11740.

243 N.W.2d 172 (1976)

Liane CUNNINGHAM et al., Plaintiffs and Respondents, v. WESTERN CASUALTY & SURETY COMPANY, a Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 23, 1976.

Attorney(s) appearing for the Case

T. F. Martin of McCann, Martin & Mickelson, Brookings, for plaintiffs and respondents.

Timothy J. Nimick of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant.

DUNN, Chief Justice.

This declaratory judgment action on an insurance policy was commenced May 6, 1974. It deals with the question of whether or not insured parties covered by uninsured motorist coverage as to two different cars but by one insurance policy can recover damages up to the total limit arrived at by allowing claims under each uninsured motorist provision. The lower court found that such stacking or pyramiding was appropriate. We disagree.

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