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DE SMET INS. OF SOUTH DAKOTA v. GIBSON

Nos. 19300, 19314.

552 N.W.2d 98 (1996)

1996 SD 102

DE SMET INSURANCE COMPANY OF SOUTH DAKOTA, Plaintiff and Appellant, v. Matthew GIBSON and Lance Gibson, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 14, 1996.

Attorney(s) appearing for the Case

Steven J. Helmers of Lynn, Jackson, Shultz & Lebrun, Rapid City, for plaintiff and appellant.

Timothy L. Thomas of Morrill, Brown, Thomas & Nooney, Rapid City, for defendants and appellees.

KONENKAMP, Justice.

[¶ 1] Insurer brought a declaratory action seeking to enforce its resident family member exclusion as applied to the policy's uninsured motorist coverage. The circuit court proclaimed the exclusion void as against public policy. We reverse.

Facts

[¶ 2] De Smet Insurance Company of South Dakota insured a 1992 Pontiac Grand Prix involved in an accident on October 8, 1994...

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