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FARM & CITY INS. v. ESTATE OF DAVIS

No. 21644.

629 N.W.2d 586 (2001)

2001 SD 71

FARM & CITY INSURANCE, Plaintiff and Appellee, v. ESTATE OF Tasha DAVIS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 6, 2001.

Attorney(s) appearing for the Case

Paul S. Swedlund of Gunderson, Palmer, Goodsell & Nelson, Rapid City, SD, Attorneys for plaintiff and appellee.

Rexford A. Hagg of Whiting, Hagg and Hagg, Rapid City, SD, Attorneys for defendant and appellant.

MILLER, Chief Justice.

[¶ 1.] In this declaratory judgment appeal, we hold that a drive-by shooting is not covered by the uninsured motorist coverage provision in an automobile insurance policy.

FACTS

[¶ 2.] In July 1999, Aaron Andrews attended a party at an abandoned house in north Rapid City, South Dakota. Tasha Davis, Andrews' girlfriend and mother of his child, also attended the party, and, by all accounts, they were not experiencing...

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