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LIFE & HEALTH v. BANKERS BEN. PLAN TRUST

#29895.

993 N.W.2d 543 (2023)

2023 S.D. 31

SOUTH DAKOTA LIFE & HEALTH GUARANTY ASSOCIATION, Appellee, v. SOUTH DAKOTA BANKERS BENEFIT PLAN TRUST, Appellant.

Supreme Court of South Dakota.

OPINION FILED July 5, 2023.

Attorney(s) appearing for the Case

MICHAEL L. SNYDER , CHARLES D. GULLICKSON , MITCHELL A. PETERSON of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for appellee.

TERRA M. LARSON , MICHAEL F. SHAW of May, Adam, Gerdes & Thompson, LLP, Pierre, South Dakota, Attorneys for appellant.

[¶1.] Until 2019, the South Dakota Bankers Benefit Plan Trust (Trust) was statutorily required to be a member of the South Dakota Life and Health Guaranty Association (Association). The Association covers impaired and insolvent insurers' obligations to their insureds by assessing Association members. In 2017, the Association...

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