ALPHA PROPERTY AND CAS. INS. CO. v. IHLE

No. 26436.

830 N.W.2d 635 (2013)

2013 S.D. 34

ALPHA PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff and Appellee, v. Keri IHLE, as Guardian ad litem of A.B., A Minor; Maria Gakin as Guardian ad litem of M.G., A Minor; and Sebastian Boerke, Defendants and Appellants, and Tamara Bradford, Defendant.

Supreme Court of South Dakota.

Decided April 17, 2013.


Attorney(s) appearing for the Case

Jeffrey R. Connolly , Quentin L. Riggins of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Robin L. Zephier of Abourezk & Zephier, PCO, Rapid City, South Dakota, Attorneys for defendants and appellants.


KONENKAMP, Justice.

[¶ 1.] After an intoxicated driver struck and injured several children, the driver's insurer brought a declaratory action seeking a ruling that it had no duty to defend or indemnify the driver. In granting summary judgment for the insurer, the circuit court held that coverage had expired twelve hours before the accident. We affirm.

Background

[¶ 2.] At noon on September 23, 2007, Tamara Bradford, while intoxicated, ran...

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