WESTERN CAS. AND SUR. v. AMERICAN NAT., ETC.

No. 13480.

318 N.W.2d 126 (1982)

WESTERN CASUALTY AND SURETY COMPANY, a Corporation, Plaintiff and Appellant, v. AMERICAN NATIONAL FIRE INSURANCE COMPANY, a Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 14, 1982.


Attorney(s) appearing for the Case

John F. Cogley of Morgan, Fuller, Theeler & Cogley, Mitchell, for plaintiff and appellant.

Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee.


ANDERST, Circuit Judge.

This is an appeal from a judgment in favor of appellee, American National Fire Insurance Company (American), and against appellant, Western Casualty and Surety Company (Western), in a declaratory judgment action wherein Western claimed that American had waived or was estopped from denying liability under a worker's compensation insurance policy. We affirm.

A brief review of the facts shows that Nettleton Manor was owned by R & S...

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