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HOCKETT v. LAPOINTE

No. 23711.

716 N.W.2d 475 (2006)

2006 SD 49

Joseph D. HOCKETT and Peggy L. Hockett, Plaintiffs and Appellees, v. Glenn D. LaPOINTE, Defendant, and AMCO Insurance Company, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 7, 2006.

Rehearing Denied July 3, 2006.

Attorney(s) appearing for the Case

Stanley E. Whiting, Winner, SD, for plaintiffs and appellees.

Robert B. Anderson, Brittany L. Novotny of May, Adam, Gerdes & Thompson, L.L.P., Pierre, SD, for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Joseph and Peggy Hockett (Hocketts) each suffered damages in excess of $100,000 due to an automobile accident with an uninsured motorist. Hocketts each received $100,000 of uninsured motorist (UM) benefits from the primary policy that covered the vehicle in which they were traveling. They then sought to recover uninsured motorist coverage from their insurer, AMCO Insurance Company (AMCO). The trial court determined Hocketts could stack...

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