MGA INS. CO., INC. v. GOODSELL

No. 23610.

707 N.W.2d 483 (2005)

2005 SD 118

MGA INSURANCE COMPANY, INC. A Texas Insurance Company, Plaintiff and Appellant, v. Marshall GOODSELL, and Donita Goodsell, individually and as special administrator, parents or guardian of Jared Goodsell, a minor child, Derald W. Wiehl, as special administrator for the Estate of Gwen Dumarce, deceased, Infinity Insurance Company, an Alabama Insurance Company, Farm and City Insurance Company, Inc., an Iowa Insurance Company and Dakota Sioux Propane, Defendants. and Sandra White, as special administrator or guardian of Daniel Dumarce, a minor child, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 30, 2005.


Attorney(s) appearing for the Case

Matthew J. Kinney, Kinney Law Office, Spearfish, South Dakota, Attorney for appellant.

Bram Weidenaar, James L. Hoy of Hoy Trial Lawyers, Sioux Falls, South Dakota, Attorneys for appellee.


SABERS, Justice.

[¶ 1.] Insurer moved for summary judgment to enforce its household exclusion, which, purported to deny coverage to relatives residing with a permissive driver. The circuit court denied the motion and held the household exclusion void as a violation of public policy. We affirm.

FACTS

[¶ 2.] Lorenzo and Angelica Sanchez purchased an automobile insurance policy from MGA Insurance Company (MGA). The policy covered the Sanchez...

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