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GREAT WEST CAS. CO. v. BERGESON

Nos. 19114, 19157.

550 N.W.2d 418 (1996)

1996 SD 73

GREAT WEST CASUALTY CO., a Corporation, Plaintiff and Appellee, v. Lee Clark BERGESON, d/b/a C.L.B. Express, and Raymond Deal, Defendants and Appellants, and Todd Larson, Defendant.

Supreme Court of South Dakota.

Decided June 19, 1996.

Attorney(s) appearing for the Case

Edward C. Carpenter of Costello, Porter, Hill, Heisterkamp and Bushnell, Rapid City, for plaintiff and appellee.

Ronald W. Banks of Banks, Johnson, Colbath & Kerr, Rapid City, for defendant and appellant Bergeson.

Rick Johnson of Johnson, Eklund, Nicholson and Dougherty, Gregory, for defendant and appellant Deal.

KONENKAMP, Justice.

[¶ 1] Insurer brought a declaratory judgment action contending a passenger injured in a trucking accident was excluded from policy coverage as an "employee." The trial court granted summary judgment for the insurer. Discerning genuine issues of material fact, we reverse and remand.

Facts

[¶ 2] Great West Casualty Insurance Co. furnished a commercial lines trucker's liability policy to C.L.B. Express, an interstate trucking...

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