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S. D. MED. SERVICE v. MINN. MUT. FIRE & CAS. CO.

No. 13049.

303 N.W.2d 358 (1981)

SOUTH DAKOTA MEDICAL SERVICE, INC., a/k/a Blue Shield, Plaintiff and Appellee, v. MINNESOTA MUTUAL FIRE & CASUALTY CO., Defendant and Appellee, and Darnly Motter, as Guardian of Larry Motter, Incompetent, Defendant and Appellant, and Associated Hospitals Service, Inc., d/b/a Blue Cross of Western Iowa and South Dakota, Cross-Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 18, 1981.

Rehearing Denied April 23, 1981.

Attorney(s) appearing for the Case

John H. Zimmer of Zimmer, Richter & Duncan, Parker, for plaintiff and appellee.

Rodney Freeman, Jr. of Churchill, Manolis, Wheeler & Freeman, Huron, for defendant and appellee Minnesota Mut. Fire & Cas. Co.

Herbert A. Heidepriem of Heidepriem, Widmayer & Campbell, Miller, for defendant and appellant Darnly Motter.

Gary P. Thimsen of Woods, Fuller, Shultz & Smith, Sioux Falls, for cross-defendant and appellee Associated Hospitals Service, Inc.

Argued October 22, 1980. ON REASSIGNMENT

MORGAN, Justice (on reassignment).

Appellee Blue Shield originally brought a declaratory judgment action to determine its liability under a group coverage certificate, and appellee Minnesota Mutual Fire & Casualty Company's (Minnesota) liability for workmen's compensation benefits. Appellant Darnly Motter (Darnly), on behalf of Larry Motter (Motter), filed cross-complaints against appellees Blue Cross and Minnesota...

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