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DELKA v. CONTINENTAL CAS. CO.

No. 24288.

748 N.W.2d 140 (2008)

2008 SD 28

Ted E. DELKA, Plaintiff and Appellant, v. CONTINENTAL CASUALTY COMPANY, Defendant and Appellee, and Greentree Transportation Co., and Charlene Burd, Defendants.

Supreme Court of South Dakota.

Decided April 2, 2008.

Attorney(s) appearing for the Case

Sara Frankenstein, G. Verne Goodsell of Gunderson, Palmer, Goodsell & Nelson, L.L.P., W. Jason Groves of Groves Law Office Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Ronald J. Hall of Hall Law Firm, Aberdeen, South Dakota, Attorney for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Following an occupational disability, Ted E. Delka commenced this action against Greentree Transportation Company (Greentree); one of Greentree's employees, Charlene Burd (Burd); and Continental Casualty Company (CCC). Delka pleaded nine causes of action arising out of his enrollment under Greentree's group occupational accident insurance policy that it had purchased from CCC for Greentree's employees and independent contractors. The circuit...

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