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RODEN v. GENERAL CAS. CO. OF WISCONSIN

No. 22236.

671 N.W.2d 622 (2003)

2003 SD 130

Roy J. RODEN, Plaintiff and Appellee, v. GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant and Appellant, and Wayne Anderson, Defendant.

Supreme Court of South Dakota.

Reassigned July 29, 2003.

Decided October 29, 2003.

Attorney(s) appearing for the Case

Steven C. Beardsley, Ted L. McBride of Beardsley, Jensen & Von Wald, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

William G. Beck of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice (on reassignment).

[¶ 1.] Roy Roden (Roden) filed a claim against General Casualty for underinsured motorist's benefits. General Casualty moved for summary judgment, and Roden filed a cross-motion for partial summary judgment. The trial court denied General Casualty's motion and granted Roden partial summary judgment. General Casualty appeals, and we now affirm.

FACTS AND PROCEDURE

[¶ 2.] On July 9, 1999, Roden...

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