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WINTERS v. NORTHWESTERN NAT. CAS. CO.

Civ. No. 93-5044.

838 F.Supp. 440 (1993)

Raymond R. WINTERS and Harold Speck, Plaintiffs, v. NORTHWESTERN NATIONAL CASUALTY COMPANY and United Fire & Casualty Company, Defendants.

United States District Court, D. South Dakota, W.D.

November 2, 1993.

Attorney(s) appearing for the Case

Steven C. Beardsley, Lynn Jackson Shultz & Lebrun, Rapid City, SD, for plaintiffs.

Douglas M. Deibert, Cadwell, Sanford & Deibert, Sioux Falls, SD, for defendant Northwestern.

Paul S. Swedlund, Gunderson, Palmer, Goodsell & Nelson, Rapid City, SD, for defendant United.

MEMORANDUM OPINION

BATTEY, District Judge.

PROCEDURAL HISTORY

This case represents an underinsured motorist (UIM) coverage dispute. Defendant Northwestern National Casualty Company (NWNCC) insured a pickup truck owned by plaintiff Harold Speck (Speck). Speck was a passenger in his own pickup driven by co-plaintiff Raymond Winters (Winters). Defendant United Fire & Casualty Company (UF & CC) insured plaintiff Winters. In this declaratory...

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