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MID-CENTURY INS. CO. v. LYON

No. 19734.

562 N.W.2d 888 (1997)

1997 SD 50

MID-CENTURY INSURANCE COMPANY, Plaintiff and Appellant, v. Honorable Darla L. LYON, Director, South Dakota Division of Insurance, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 30, 1997.

Attorney(s) appearing for the Case

David A. Gerdes of May, Adam, Gerdes & Thompson, Pierre, for plaintiff and appellant.

Mark Barnett, Atty. Gen., Timothy E. Reilly, Asst. Atty. Gen., Division of Insurance, Pierre, for defendant and appellee.

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry, Sioux Falls, for Amicus Curiae American Standard Ins. Co. of Wisconsin.

KONENKAMP, Justice.

[¶ 1.] We are confronted with the question whether a restrictive endorsement must be on a separate sheet or if it can be included within the body of an automobile insurance policy. Based upon statutory language and industry usage, we conclude such an endorsement must be on a separate page added or attached to the policy. Accordingly, we uphold a declaratory judgment in favor of the South Dakota Division of Insurance in its interpretation of...

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