KAISER v. NORTH RIVER INS. CO.

No. 20946.

605 N.W.2d 193 (2000)

2000 SD 15

Rodney KAISER and Marlys Kaiser, Plaintiffs and Appellees, v. NORTH RIVER INSURANCE CO. d/b/a Crum & Forster Insurance Co., Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 2, 2000.


Attorney(s) appearing for the Case

Steven M. Johnson of Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, South Dakota, and Sheila S. Woodward of Johnson, Heidepriem, Miner, Marlow & Janklow, Yankton, South Dakota, Attorneys for plaintiffs and appellees.

Timothy M. Gebhart and Sandra K. Hoglund of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellant.


AMUNDSON, Justice.

[¶ 1.] North River Insurance d/b/a Crum & Forster Insurance (Crum & Forster), the workers' compensation carrier for the City of Yankton, South Dakota (City), appeal the summary judgment granted to Rodney and Marlys Kaiser (Kaisers) declaring that Crum & Forster have no subrogation right to proceeds from a separate underinsured motorist policy purchased by Rodney Kaiser's employer, City. We reverse.

FACTS

[¶...

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