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RAPID CITY REG. HOSP. v. S.D. INS. GUAR.

Nos. 16215, 16242.

436 N.W.2d 565 (1989)

RAPID CITY REGIONAL HOSPITAL, INC., Plaintiff and Appellant, v. SOUTH DAKOTA INSURANCE GUARANTY ASSOCIATION, Defendant and Appellee, and North Star Hospital Mutual Assurance, Ltd., Defendant,

Supreme Court of South Dakota.

Decided March 1, 1989.

Attorney(s) appearing for the Case

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiff and appellant.

Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee; Lawrence L. Piersol of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on the brief.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Plaintiff, the Rapid City Regional Hospital, Inc. (Hospital), sought a declaratory judgment in the circuit court for Pennington County to determine whether defendants South Dakota Insurance Guaranty Association (Guaranty) and North Star Hospital Mutual Assurance Company, Ltd.,* were obligated to reimburse Hospital for $150,000 paid in settlement of a medical malpractice claim against...

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