MEIER v. McCORD

No. 21576.

632 N.W.2d 477 (2001)

2001 SD 103

Chad MEIER, Plaintiff and Appellee, v. Anthony McCORD, Defendant. and Western National Mutual Insurance Company, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided August 8, 2001.


Attorney(s) appearing for the Case

Scott G. Hoy, Scott G. Hoy Law Office, Sioux Falls, SD, Attorneys for plaintiff and appellee Chad Meier.

Douglas M. Diebert of Cadwell, Sanford, Deibert & Garry, Sioux Falls, SD, Attorneys for intervenor and appellant Western National Mutual Insurance.


MILLER, Chief Justice.

[¶ 1.] In this appeal we hold that the release of a tortfeasor does not preclude an injured party from pursuing underinsured benefits from its insurance carrier. We also hold that the trial court abused its discretion in refusing to set aside a default judgment.

FACTS

[¶ 2.] On November 21, 1998, Anthony McCord failed to stop at a flashing red light and collided with another vehicle. Chad Meier, his passenger, was...

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