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  5. 484 N.W.2d 908 (1992)
 

NORTH STAR MUT. INS. CO. v. KNEEN

Nos. 17561, 17569.

484 N.W.2d 908 (1992)

NORTH STAR MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. Patricia E. KNEEN and Arthur E. Kneen, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 6, 1992.

Attorney(s) appearing for the Case

Michael J. Schaffer, Marie E. Hovland, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

Carl F. Haberstick, Fosheim & Haberstick, Huron, for defendant and appellee Patricia E. Kneen.

E. Steeves Smith, Tinan & Smith, Mitchell, for defendant and appellee Arthur E. Kneen.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

North Star Mutual Insurance Company (North Star) commenced this action in the Fourth Judicial Circuit Court against Patricia Kneen (Patricia) and Arthur Kneen (Arthur), by declaratory judgment complaint. Patricia filed a motion to dismiss. Arthur filed a motion for partial summary judgment.

The trial court granted Arthur's motion for partial summary judgment, determining that North Star had a duty to...

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