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FRIESZ EX REL. FRIESZ v. FARM & CITY INS.

No. 21396.

619 N.W.2d 677 (2000)

2000 SD 152

Zachory FRIESZ, A Minor Child, through his Guardian Ad Litem, Alba FRIESZ, and Estate of Chad Clair Schatz, through the Administratrix, Alba Friesz, Plaintiffs and Appellees, v. FARM & CITY INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 6, 2000.

Attorney(s) appearing for the Case

Ralph Kemnitz, Philip, SD, Erik R. Johnson of Solberg, Stewart, Miller, Johnson & Tjon, Fargo, ND, Attorneys for appellees.

Thomas H. Harmon of Tieszen Law Office, Pierre, SD, Attorney for appellant.

AMUNDSON, Justice.

[¶ 1.] Farm & City Insurance Company appeals the trial court's holding that it is financially obligated to indemnify Zachory Friesz up to fifty thousand dollars according to the underinsured motorist provision within the insurance policy. We reverse.

FACTS

[¶ 2.] On August 14, 1993 Chad Schatz, the father of Zachory Friesz, was killed in a car accident. The car in...

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