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MARYLAND CAS. CO. v. DELZER

No. 12482.

283 N.W.2d 244 (1979)

MARYLAND CASUALTY COMPANY, a corporation, Plaintiff and Appellant, v. Melvin E. DELZER, d/b/a Delzer Construction Company, Defendant and Respondent.

Supreme Court of South Dakota.

Decided September 5, 1979.

Rehearing Denied October 12, 1979.

Attorney(s) appearing for the Case

David P. Olson, Rapid City, for plaintiff and appellant.

Edward C. Carpenter, of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendant and respondent.

MILLER, Circuit Judge.

This is an appeal from the trial court's order which granted defendant-respondent's motion for summary judgment and its order denying plaintiff-appellant's summary judgment motion. Plaintiff-appellant (Maryland Casualty Company) is the insurer of Rapid City Implement Company (not a party to the action). Defendant-respondent (Delzer Construction Company) was the lessee of equipment under a lease agreement with Rapid City Implement.

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