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AMERICAN FAM. MUT. INS. CO. v. AUTO-OWNERS INS. CO.

No. 24723.

757 N.W.2d 584 (2008)

2008 SD 106

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. AUTO-OWNERS INSURANCE COMPANY, Sandra Pike, Christopher Pike and Ashley Deiss, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 5, 2008.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. and A. Russell Janklow of Johnson, Heidepriem, Janklow, Abdallah & Johnson, LLP, Sioux Falls, SD, for plaintiff and appellant.

William P. Fuller and Hilary L. Williamson of Fuller & Sabers, LLP, Sioux Falls, SD, for defendants and appellees.

O'BRIEN, Circuit Judge.

[¶ 1.] American Family Insurance (American Family) filed a complaint for a declaratory judgment against Auto-Owners Insurance Company (Auto-Owners). American Family sought a declaration that it had a subrogated interest against an Auto-Owners' homeowners' policy issued to Sandra Pike, Christopher Pike and Ashley Deiss (tenants). The circuit court granted summary judgment to Auto-Owners and tenants (the defendants). American Family appeals...

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