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AUTO-OWNERS INS. CO. v. TRANSAMERICA INS.

No. 14500.

357 N.W.2d 519 (1984)

AUTO-OWNERS INSURANCE COMPANY, Plaintiff and Appellee, v. TRANSAMERICA INSURANCE COMPANY, John W. Smith, d/b/a Smith Electric, and Kevin Logan, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 7, 1984.

Attorney(s) appearing for the Case

Chester A. Groseclose, Jr. of Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Aberdeen, for plaintiff and appellee.

Harvey A. Oliver, Jr. of Bantz, Gosch, Cremer & Peterson, Aberdeen, for defendants and appellants.

HENDERSON, Justice.

This is a civil appeal from a summary judgment issued January 6, 1984, in favor of appellee, Auto-Owners Insurance Company (Auto-Owners), arising from a declaratory judgment action. We affirm.

FACTS

Auto-Owners had issued a mobile homeowner's insurance policy to one Kevin Logan, then an employee of John W. Smith, d/b/a Smith Electric. Subsequent to policy issuance, Logan's negligent acts while welding a go-cart caused a fire to...

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