HEITMANN v. AMERICAN FAMILY MUT. INS. CO.

No. 27549.

883 N.W.2d 506 (2016)

2016 S.D. 51

Brody HEITMANN, Plaintiff and Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 20, 2016.


Attorney(s) appearing for the Case

Nancy J. Turbak Berry , Seamus W. Culhane of Turbak Law Office, PC, Watertown, South Dakota, Attorneys for plaintiff and appellant.

Timothy A. Clausen , Ryland Deinert of Klass Law Firm, LLP, Sioux City, Iowa, Attorneys for defendant and appellee.


[¶ 1.] An individual injured in an incident with a handgun obtained a judgment against Shooter. Injured also obtained, by stipulation, an assignment from Shooter of Shooter's right to enforce coverage under an insurance policy. Injured filed a declaratory judgment action in circuit court against insurance company, seeking a ruling...

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