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KRAMBECK v. SUNSHINE INS. CO.

No. 18189.

505 N.W.2d 131 (1993)

Jerry KRAMBECK, Guardian Ad Litem for the Estate of Jacob L. Kiley, a Minor, Plaintiff and Appellant, v. SUNSHINE INSURANCE COMPANY, a South Dakota corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Considered on Briefs May 25, 1993.

Attorney(s) appearing for the Case

Randall L. Macy of Buckmaster and Macy, Belle Fourche, for plaintiff and appellant.

Scott T. Beal of Beal Law Offices, Rapid City, for defendant and appellee.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

After a motor vehicle accident injured five-year-old Jacob Kiley, his guardian ad litem, Jerry Krambeck, sought a declaratory judgment decreeing that Sunshine Insurance Company (Sunshine) has a duty to provide coverage pursuant to the underinsured motor vehicle (UMV) benefits provided for in the Kiley family's policy with Sunshine. Prior to hearing, both Krambeck and Sunshine moved for summary judgment...

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