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OVERFIELD v. AMERICAN UNDERWRITERS

No. 21211.

614 N.W.2d 814 (2000)

2000 SD 98

Dorothy OVERFIELD, Plaintiff and Appellant, v. AMERICAN UNDERWRITERS LIFE INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 26, 2000.

Attorney(s) appearing for the Case

Dennis C. McFarland of McFarland and Weidenaar, Sioux Falls, Attorney for plaintiff and appellant.

Donald A. Porter of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, Attorneys for defendant and appellee.

[¶ 1.] Justice Robert A. Amundson delivers the opinion as to the result of the decision of the Court.

[¶ 2.] Justice Richard W. Sabers delivers the opinion as to the rationale of the decision of the Court.

AMUNDSON, Justice.

[¶ 3.] Dorothy Overfield (Dorothy) appeals the trial court's refusal to give her proposed jury instructions regarding ambiguity. We affirm.

FACTS

[¶ 4.] Craig Overfield (Craig) was employed by the City of Sioux Falls, South Dakota (City) as superintendent of the light department. On September 13, 1994, as part of his upcoming retirement, Craig was required by his retirement package with City to undergo an extensive physical...

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