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AMERICAN FAMILY MUT. GROUP v. KOSTANESKI

No. 23139.

688 N.W.2d 410 (2004)

2004 SD 114

AMERICAN FAMILY MUTUAL INSURANCE GROUP, Plaintiff and Appellee, v. Lawrence J. KOSTANESKI, Defendant, and Jona Kulesza, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 13, 2004.

Attorney(s) appearing for the Case

Michael A. Henderson, Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry Sioux Falls, South Dakota, Attorneys for appellee.

Michael J. Simpson of Julius & Simpson, Rapid City, South Dakota, Attorneys for appellant.

GILBERTSON, Chief Justice.

[¶ 1.] American Family Mutual Insurance Group brought a declaratory action against its insured contending the policy's "criminal law exclusion" precluded coverage for injuries to a third party. The trial court determined there were no genuine issues of material fact and granted American Family's motion for summary judgment. Kulesza, the injured third party, appealed contending the trial court erred in 1) finding the "criminal law exclusion...

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