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ST. PAUL FIRE & MARINE INS. v. ENGELMANN

No. 21357.

639 N.W.2d 192 (2002)

2002 SD 8

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a Minnesota Corporation, Plaintiff and Appellant, v. Gary ENGELMANN, Defendant, Natasha Baloun, Natalie Bertsch, Brian Bertsch, Nancy Froning, Greg Froning, Audra K. Martinmaas, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned March 12, 2001.

Reassigned October 9, 2001.

Decided January 16, 2002.

Rehearing Denied February 22, 2002.

Attorney(s) appearing for the Case

Bethany K. Kulp, David M. Wilk of Oppenheimer, Wolff & Donnelly, St. Paul, MN, Cheryle Wiedmeier Gering of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

Steven J. Andreasen, N. Richard Willia of Gildemeister, Willia & Keane, Sioux City, IA, for defendant and appellee Natasha Baloun.

A. Russell Janklow, Ronald A. Parsons, Jr. of Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, Sheila S. Woodward of Johnson, Heidepriem, Miner, Marlow & Janklow, Yankton, for defendants and appellees Natalie Bertsch, Brian Bertsch, Nancy Froning, Greg Froning, and Audra K. Martinmaas.

KONENKAMP, Justice (on reassignment).

¶ In this declaratory judgment action brought to contest medical malpractice insurance coverage, the circuit court granted summary judgment against the insurer, reasoning that the general verdict in the doctor's malpractice trial was conclusive on the coverage question. The jury in that trial heard two tort theories, one that would permit coverage and another that would not. Because the insurer reserved its right to contest...

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