TRUCK UNDERWRITERS v. INJURY FUND

No. 22975.

689 N.W.2d 196 (2004)

2004 SD 120

DAKOTA TRUCK UNDERWRITERS, Petitioners and Appellants, and Travelers Insurance Company, Petitioners and Appellants, v. SOUTH DAKOTA SUBSEQUENT INJURY FUND, Respondent and Appellee.

Supreme Court of South Dakota.

Decided October 27, 2004.


Attorney(s) appearing for the Case

Mark F. Marshall of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for petitioners and appellant.

Sara B. Harens, Special Assistant Attorney General, S.D. Department of Revenue & Regulation, Division of Insurance, Pierre, South Dakota, Attorneys for respondent and appellee.


ANDERSON, LEE D., Circuit Judge.

[¶ 1.] Dakota Truck Underwriters and Travelers Insurance Co. (Insurers) appeal from a circuit court order which dismissed Insurers' claims for reimbursement from the South Dakota Subsequent Injury Fund (SIF) because Insurers failed to file their claims within the applicable statute of limitations period. The court held that the doctrines of equitable estoppel and equitable tolling did not apply. Due to the unique history and circumstances...

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