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TRUCK INS. EXCHANGE v. KUBAL

No. 19693.

561 N.W.2d 674 (1997)

1997 SD 37

TRUCK INSURANCE EXCHANGE, Insurer and Appellant, v. Phyllis KUBAL, Employee, and Yankton Medical Clinic, Employer, and CNA, Insurer and Appellee, and Dodson Insurance Group/Casualty Reciprocal Exchange, Insurer and Appellee.

Supreme Court of South Dakota.

Decided April 9, 1997.

Attorney(s) appearing for the Case

Kristine L. Kreiter of Woods, Fuller, Shultz & Smith, Sioux Falls, for insurer and appellant Truck Insurance.

Patricia A. Meyers of Costello, Porter, Hill, Heisterkamp and Bushnell, Rapid City, for insurer and appellee CNA.

Timothy M. Gebhart, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for insurer and appellee Dodson Ins. Group/Casualty Reciprocal Exchange.

AMUNDSON, Justice.

[¶ 1.] Truck Insurance Exchange (Truck) appeals the circuit court's dismissal of its petition for lack of subject matter jurisdiction. We affirm.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] In 1981, Phyllis Kubal (Kubal) began her employment with Yankton Medical Clinic (Clinic) in the medical records department, performing clerical duties. During her employment, Clinic changed workers' compensation insurers several times. Dodson...

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