MATTER OF CERT. OF A QUESTION OF LAW

No. 15367.

399 N.W.2d 320 (1987)

In the Matter of the CERTIFICATION OF A QUESTION OF LAW FROM THE UNITED STATES DISTRICT COURT, DISTRICT OF SOUTH DAKOTA, WESTERN DIVISION, Pursuant To the Provisions of SDCL § 15-24A-1, and Concerning Federal Action Civ. 85-5086, Titled as Follows. Robert CHAMPION, Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, an Insurance Company, Defendant.

Supreme Court of South Dakota.

Decided January 7, 1987.


Attorney(s) appearing for the Case

Robert F. LaFleur of LaFleur & LaFleur, Rapid City, for plaintiff.

Terence R. Quinn and Kenneth E. Barker, on brief, of Stephens, Quinn & Buckmaster, Belle Fourche, for defendant.


MORGAN, Justice.

On the 16th day of May, 1986, the Honorable Andrew W. Bogue, Senior Judge, United States District Court, District of South Dakota, Western Division, pursuant to SDCL 15-24A-1, requested that this court answer the question of law contained in a certification order. On June 2, 1986, then Chief Justice Jon Fosheim issued an order accepting the certified question. The question of law to be answered is:

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