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STATE FARM AUTO. INS. CO. v. BOTTGER

No. 25548.

793 N.W.2d 389 (2011)

2011 S.D. 2

STATE FARM AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellee, v. Andrew BOTTGER, Defendant and AMCO Insurance Company, Defendant and Appellee, and Sarah R. Kosinski, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 12, 2011.

Attorney(s) appearing for the Case

Timothy A. Clausen of Klass Law Firm, LLP, Sioux City, Iowa, Attorneys for plaintiff and appellee State Farm.

Michael L. Luce of Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee AMCO.

James N. Daane of Buckmeier & Daane Lawyers, PC, Sioux City, Iowa, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] While attempting to drive Alisia Ludwig's car out of a ditch, Andrew Bottger pinned Sarah Kosinski under the car. Kosinski sued Bottger for her injuries. Both Ludwig (the owner of the car) and Bottger (the driver of the car) were insured. Ludwig's car was insured by State Farm Automobile Insurance Company. Bottger was an insured driver on his mother's insurance policy with AMCO Insurance Company. The State Farm policy provided coverage...

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