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WESTERN NAT. MUT. INS. CO. v. DECKER

No. 25507.

791 N.W.2d 799 (2010)

2010 SD. 93

WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. Valerie DECKER, as Guardian Ad Litem of L.E.D., a minor, Defendant and Appellant, and Sarah Decker, formerly Sarah Waldner; and Benjamin Waldner, Defendants.

Supreme Court of South Dakota.

Decided December 8, 2010.

Attorney(s) appearing for the Case

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Stephanie E. Pochop of Johnson Pochop Law Office, Gregory, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] A parent whose child was injured while in the care of a babysitter brought suit to recover damages. In a declaratory judgment action, the insurance company successfully argued that its policy did not cover injuries sustained in a daycare-type business. We conclude that the circuit court correctly ruled that the policy was unambiguous and the business exclusion applied.

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