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STATE FARM AUTO. INS. CO. v. GERTSEMA

No. 25077.

778 N.W.2d 609 (2010)

2010 SD 8

STATE FARM AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellee, v. William GERTSEMA, as Guardian ad litem for Shane Gertsema, a minor, Defendant and Tony Gertsema, as Guardian ad litem for Jozette Gertsema, a minor, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 3, 2010.

Attorney(s) appearing for the Case

Roy A. Wise, Zachary W. Peterson of Richardson, Wyly, Wise, Sauck, & Hieb, LLP, Aberdeen, South Dakota, for plaintiff and appellee.

David J. King of Alvine & King, LLP, Sioux Falls, South Dakota, for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Jozette Gertsema was injured while riding as a passenger on an all terrain vehicle (ATV) driven by her cousin Shane Gertsema. Calvin and Laci Hanson (Hansons) purchased the ATV for their daughter Brittany, and Hansons were the named insureds under a recreational vehicle insurance policy issued by State Farm Automobile Insurance Company. State Farm filed this action seeking a declaration that there was no coverage for medical payments or...

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