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MID-CENTURY INS. CO. v. NORGAARD

No. 12293.

273 N.W.2d 191 (1979)

MID-CENTURY INSURANCE COMPANY, Plaintiff and Respondent, v. Leo NORGAARD and Kenneth Norgaard, Defendants and Appellants, and Dennis Leuders and Chad Leuders, Defendants.

Supreme Court of South Dakota.

January 5, 1979.

Attorney(s) appearing for the Case

H. L. Fuller, of Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and respondent.

Gary J. Pashby, of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for defendants and appellants.

Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants.

WOLLMAN, Chief Justice.

In this declaratory judgment action, Mid-Century Insurance Company (Company) sought a determination that the Company was under no duty to provide coverage for the Norgaards' liability arising out of an accident that occurred on July 27, 1976. The trial court found that the policy of insurance issued to appellant Norgaard had expired by its terms on July 26, 1976, and had been effectively cancelled April 17, 1976, for nonpayment of premium,...

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