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OLSON v. SLATTERY

#28911.

942 N.W.2d 263 (2020)

2020 S.D. 21

Shelby M. OLSON, Mary Jo Olson and Gary S. Olson, Plaintiffs and Appellants, v. John P. SLATTERY, as Personal Representative of the Estate of Eric Michael Johnson, Defendant, and Progressive Northern Insurance Company a/k/a Progressive Drive Insurance, Defendant and Appellee. State Farm Mutual Automotive Insurance Company, Plaintiff and Appellee, v. John P. Slattery, as Personal Representative of the Estate of Eric Michael Johnson, Defendant, and Shelby M. Olson, Mary Jo Olson and Gary S. Olson, Defendants and Appellants.

Supreme Court of South Dakota.

OPINION FILED April 8, 2020.

Attorney(s) appearing for the Case

JAMES N. DAANE of Mayne, Hindman, Daane, Parry & Wingert, Sioux City, Iowa, Attorneys for appellants.

JASON W. SHANKS of May & Johnson, P.C., Sioux Falls, South Dakota, Attorneys for appellee Progressive Northern Insurance Company.

HILARY L. WILLIAMSON of Fuller & Williamson, LLP, Sioux Falls, South Dakota, Attorneys for appellee State Farm Mutual Automobile Insurance Company.

[¶1.] In a tragic series of events, Shelby Olson, who was riding in the backseat of her parents' vehicle, was struck by a bullet when the driver of another vehicle fired a handgun at the Olsons' vehicle. This appeal concerns whether coverage exists for Shelby's injuries under the automobile insurance policy issued to Shelby...

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