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NODAK MUT. INS. CO. v. McDOWELL

No. 25494.

784 N.W.2d 483 (2010)

2010 SD 54

NODAK MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. Nichole McDOWELL and Kevin Dunn, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 30, 2010.

Attorney(s) appearing for the Case

Julia M. Dvorak of Siegel, Barnett and Schutz, LLP, Aberdeen, South Dakota, Attorney for plaintiff and appellant.

Barbara Anderson Lewis of Oppegard, Wolf & Quinton, Moorhead, Minnesota, Attorney for defendants and appellees.

SEVERSON, Justice.

[¶ 1.] Nodak Mutual Insurance Company (Nodak) paid basic no-fault benefits to its insured, Nichole McDowell, a North Dakota resident, as a result of an automobile accident in South Dakota caused by Kevin Dunn, a South Dakota resident. McDowell then brought a negligence action against Dunn, which the parties settled without notifying Nodak. When McDowell and Dunn refused to reimburse Nodak for the benefits it paid McDowell, Nodak initiated this...

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