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LARIMER v. AMERICAN FAMILY MUTUAL INSURANCE

#28623, #28632.

926 N.W.2d 472 (2019)

2019 S.D. 21

Kayne R. LARIMER, as Special Administrator of the Estate of Nehemiah J. Larimer, Deceased, Plaintiff and Appellee,1, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED April 10, 2019.

Attorney(s) appearing for the Case

JACK H. HIEB , ZACHARY W. PETERSON of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for defendant and appellant.

REXFORD A. HAGG of Whiting, Hagg, Hagg, Dorsey & Hagg, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

[¶1.] Kayne Larimer, as Special Administrator of the Estate of Nehemiah Larimer, brought an action for declaratory judgment seeking underinsured motorist benefits under two insurance policies with American Family Mutual Insurance Co. (American Family) following Nehemiah's death in an accident. Pursuant to an "owned but not insured...

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