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AMERICAN FAMILY MUT. INS. CO. v. ELLIOT

No. 18511.

523 N.W.2d 100 (1994)

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. Marie ELLIOT; Brian Nelson, individually; and Kayla Nelson, a Minor, by Brian Nelson, her Guardian Ad Litem; Marie Elliot and Joey Smith, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 19, 1994.

Attorney(s) appearing for the Case

Douglas M. Deibert of Cadwell, Sanford & Deibert, Sioux Falls, for plaintiff and appellant.

A. Russell Janklow and James E. Moore of Woods, Fuller, Shultz & Smith, Sioux Falls, for appellees Brian Nelson and Kayla Nelson.

Thomas J. Deadrick of Zimmer, Duncan & Deadrick, Parker, for appellee Marie Elliot.

JAMES W. ANDERSON, Circuit Judge.

American Family Mutual Ins. Co. (American Family) appeals from a decision of the Circuit Court for the First Judicial Circuit denying American Family's motion for summary judgment. We reverse the order of the circuit court.

FACTS

This case is an action seeking a declaratory judgment to determine the rights under a homeowner's insurance policy (policy) issued to Marie and Robert Elliot. American Family sought to have...

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