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PROGRESSIVE HALCYON INS. CO. v. PHILIPPI

No. 24596.

754 N.W.2d 646 (2008)

2008 SD 69

PROGRESSIVE HALCYON INSURANCE CO. and Carol Wellnitz, Plaintiffs and Appellees, v. Roxanne PHILIPPI, Personal Representative of the Sylvia Ruhr Estate, Deceased, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 23, 2008.

Attorney(s) appearing for the Case

Mark J. Arndt of May & Johnson, P.C., Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

David R. Strait of Austin, Hinderaker, Hopper, Strait & Bratland, LLP, Watertown, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] On August 22, 2006, Carol Wellnitz (Wellnitz) and her auto insurance provider, Progressive Halcyon Insurance Co. (Progressive), filed a declaratory judgment action in the South Dakota Third Judicial Circuit seeking a determination that immunity extended to her under South Dakota's workers' compensation statute, SDCL 62-3-2, for an injury that she caused to Sylvia Ruhr (Ruhr). On February...

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