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MOORE v. FARMERS INS. EXCHANGE

No. 13647.

323 N.W.2d 870 (1982)

Edward E. MOORE, Plaintiff and Appellee, v. FARMERS INSURANCE EXCHANGE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 25, 1982.

Rehearing Denied September 29, 1982.

Attorney(s) appearing for the Case

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

Gene R. Bushnell, of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendant and appellant.

FOSHEIM, Justice.

Edward E. Moore (Moore) initiated a declaratory judgment action against Farmers Insurance Exchange (Farmers) seeking recovery on a judgment for $10,000 entered against Farmers' insured as the result of an automobile accident. Both parties moved for summary judgment. The trial court granted summary judgment in favor of Moore. Farmers appeals. We reverse and remand.

Moore's motion for summary judgment claimed no issue of material fact because...

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