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DAKOTA, MN & E. R. v. ACUITY

No. 23601.

720 N.W.2d 655 (2006)

2006 SD 72

DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Plaintiff and Appellee, v. ACUITY, a Mutual Insurance Co. f/k/a Heritage Mutual Insurance Company, d/b/a Heritage Insurance, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 9, 2006.

Attorney(s) appearing for the Case

Brian J. Donahoe and Meredith A. Moore of Cutler & Donahoe, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Gary P. Thimsen and Jennifer L. Wollman of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

LOVRIEN, Circuit Judge.

[¶ 1.] Dakota, Minnesota and Eastern Railroad (DM & E) sued its automobile insurance company, Acuity, alleging that the negligence of an unidentified and uninsured motorist caused an accident involving a vehicle driven by DM & E employee Julian Olson (Olson) and that the business automobile policy issued by Acuity to DM & E covered the loss. A Beadle County jury found for DM & E and the trial court entered judgment accordingly...

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