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WESTFIELD INS. v. ROWE EX REL. ESTATE

No. 21729.

631 N.W.2d 175 (2001)

2001 SD 87

WESTFIELD INSURANCE COMPANY, INC., Plaintiff and Appellee, v. Melissa Beth ROWE, Personal Representative of the ESTATE OF Rita GALLANT, Deceased; and David Gallant, Personal Representative of the Estate of Robert Gallant, Deceased, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 3, 2001.

Attorney(s) appearing for the Case

Jennifer K. Trucano of Gunderson, Palmer, Goodsell & Nelson Rapid City, SD, Attorney for plaintiff and appellee.

Robert L. Morris of Quinn, Eiesland, Day and Barker Belle Fourche, SD, Attorneys for defendants and appellants.

GILBERTSON, Justice.

[¶ 1.] At the time of their deaths, Robert and Rita Gallant (Gallants) were insured through Westfield Insurance Company (Westfield). Melissa Rowe and David Gallant (Rowe), as personal representatives of the Gallant estates, collected $750,000 from the tortfeasor's liability carrier Great West Casualty Company (Great West). Rowe then sought underinsured motorist benefits from the Gallants' policy. Westfield denied those benefits and commenced...

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