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NORTH STAR MUT. INS. CO. v. PETERSON

No. 24449.

749 N.W.2d 528 (2008)

2008 SD 36

NORTH STAR MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. Brad PETERSON, Lenny Peterson, and Danny Peterson, d/b/a Peterson Farms; Jeb Peterson, Mitchell Peterson, Defendants and Appellees, and Milbank Insurance Company, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 7, 2008.

Attorney(s) appearing for the Case

Michael J. Schaffer of Schaffer Law Office, Prof., LLC, Sioux Falls, South Dakota, for appellee, North Star.

Rodney Freeman, Jr. of Churchill, Manolis, Freeman, Kludt, Shelton & Burns, Huron, South Dakota, for appellees Peterson.

Robert B. Anderson of May, Adam, Gerdes & Thompson, LLP, Pierre, South Dakota, for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] This case involves a question of automobile insurance coverage for injuries sustained when a gun discharged while deer hunters were waiting to be transported to the fields. The circuit court found that the automobile liability policy covered the gunshot injuries.

[¶ 2.] Milbank Insurance Co. (Milbank) issued the automobile liability policy in question to Peterson Farms. Brad, Lenny and Danny Peterson were general partners...

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