RANGER INSURANCE COMPANY v. MACY

Nos. 11452, 11487.

227 N.W.2d 426 (1975)

RANGER INSURANCE COMPANY, Plaintiff and Appellant, v. Ralph E. MACY, Defendant and Third-Party Plaintiff and Respondent, KLUTHE & LANE & ASSOCIATES, Third-Party Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied April 28, 1975.


Attorney(s) appearing for the Case

Charles H. Whiting of Whiting & Freiberg, Rapid City, for plaintiff and appellant.

James W. Olson of Wilson, Gundersen & Olson, Rapid City, for defendant and third-party plaintiff and respondent.

Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for third-party defendant and respondent.


DOYLE, Justice.

The plaintiff, Ranger Insurance Company, issued a policy on defendant Macy's airplane. After the insured airplane was damaged in an accident a lien on the plane of $12,000 held by a party not involved here was foreclosed. Ranger paid the lienholder $12,000 and took title to the plane according to the terms of a Breach of Warranty Endorsement attached to the insurance policy.1

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