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CHURCH MUT. INS. CO. v. SMITH

No. 17899.

509 N.W.2d 274 (1993)

CHURCH MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. Timothy SMITH, Timothy Miller, and State Farm Fire & Casualty Company, Defendants and Appellants, and Kimberly K. Kindt, Guardian of the Person and Estate of Keith W. Kindt; Kimberly K. Kindt, Individually, and Kimberly K. Kindt, Guardian Ad Litem of the Minor Children, Evan D. Kindt and Aaron J. Kindt, Defendants.

Supreme Court of South Dakota.

Reassigned September 7, 1993.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Acie W. Matthews of Pruitt, Matthews & Jorgensen, Sioux Falls, for plaintiff and appellee.

Richard J. Helsper and Eric N. Rasmussen of Erickson, Helsper and Rasmussen, Brookings, for defendants and appellants.

SABERS, Justice (on reassignment).

State Farm appeals from a declaratory judgment denying its claim for reimbursement of attorney fees for the entire period after demand in which Church Mutual, the primary insurer, failed to actively defend the insured. We reverse.

Facts

Keith Kindt (Kindt) was seriously injured during a softball game conducted under the auspices of the Church Softball League of Sioux Falls on August 6, 1987.1<...

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