WESTERN CAS. & SUR. CO. v. ANDERSON

Nos. 12294, 12298.

273 N.W.2d 203 (1979)

WESTERN CASUALTY & SURETY COMPANY, Plaintiff and Respondent, v. Alan ANDERSON, Bradley A. Minor, Kevin Scheopf, Kathy Tunender and Robert E. Terwilliger, Special Administrator of the Estate of Lesa E. Terwilliger, Deceased, Defendants and Appellants.

Supreme Court of South Dakota.

January 5, 1979.


Attorney(s) appearing for the Case

Richard O. Gregerson of Woods, Fuller, Schultz & Smith, Sioux Falls, for plaintiff and respondent.

James E. Kessler of Erickson & Kessler, P. C., Brookings, for defendant and appellant Alan Anderson.

Thomas H. Muilenburg, Sioux Falls, for defendant and appellant Kevin Scheopf.

Thomas M. Issenhuth of Arneson, Issenhuth & Gienapp, Madison, for defendant and appellant Kathy Tunender.

J. B. Lammers of Lammers, Lammers & Kleibacker, Madison, for defendant and appellant Robert E. Terwilliger, Special Administrator of the Estate of Lesa A. Terwilliger, deceased.


WOLLMAN, Chief Justice.

This is an appeal from a judgment declaring that an insurance policy issued to appellant Anderson by Western Casualty & Surety Insurance Company (respondent) did not extend coverage for injuries incurred in an accident in which Anderson was driving appellant Brad Minor's car. The trial court found that: (1) Anderson was driving the car at the time of the accident, and (2) Anderson did not have Minor's permission to drive the car. The driver...

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