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GREAT WEST CAS. CO. v. HOVALDT

No. 20792.

603 N.W.2d 198 (1999)

1999 SD 150

GREAT WEST CASUALTY COMPANY, Plaintiff and Appellee, v. Marcia HOVALDT, as personal Representative of the Estate of Troy Hovaldt, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 1, 1999.

Attorney(s) appearing for the Case

Sandra Hoglund of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellee.

Bret C. Merkle of Merkle Law Firm, Sioux Falls, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Troy Hovaldt, a South Dakota trucker, was killed in a motor vehicle accident in Texas. After settling for the $100,000 limits of the tortfeasor's motor vehicle liability policy, the estate additionally sought $100,000 of underinsured motorist coverage in the policy held by Hovaldt's employer, without an offset against the amount the tortfeasor's insurance paid. The estate contends that Texas...

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