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EMPLOYERS MUT. CAS. v. STATE AUTO INS.

No. 21381.

623 N.W.2d 462 (2001)

2001 SD 34

EMPLOYERS MUTUAL CASUALTY COMPANY, INC., Plaintiff and Appellee, v. STATE AUTO INSURANCE, INC., Defendant and Appellant, and American Family Insurance Companies, Inc.; Harold Orr, individually and d/b/a Dale's Service; Marcia Orr; Roxann Orr; Susan Sigdestad; Rachel Herrick; Christine Benson; and Clark County, State of South Dakota, Defendants.

Supreme Court of South Dakota.

Decided March 14, 2001.

Attorney(s) appearing for the Case

Talbot J. Wieczorek of Gunderson, Palmer, Goodsell & Nelson, Rapid City, SD, Attorneys for plaintiff and appellee Employers Mutual Casualty Company, Inc.

Robert B. Anderson of May, Adam, Gerdes & Thompson, Pierre, SD, Attorneys for defendant and appellant State Auto Insurance, Inc.

Thomas M. Tobin of Tonner, Tobin & King, Aberdeen, SD, Attorneys for defendant Rachel Herrick.

Vincent Purtell of American Family Insurance Companies, Inc., Sioux Falls, SD, Attorneys for defendant American Family Insurance Companies, Inc.

Roy A. Wise of Richardson, Groseclose, Wyly, Wise and Sauck, Aberdeen, SD, Attorneys for defendant Clark County South Dakota.

Lee Schoenbeck of Schoenbeck Law, Watertown, SD, Attorneys for defendant Harold Orr individually and d/b/a Dale's Service, Marcia Orr, and Roxann Orr.

Christine Benson, Bristol, SD, Defendant pro se.

Leon J. Vander Linden of Delaney, Vander Linden & Delaney, Webster, SD, Attorneys for defendant Susan Sigdestad.

CALDWELL, Circuit Judge

[¶ 1.] State Auto Insurance, Inc. appeals from a judgment determining that 1) Roxann Orr was a named insured under an automobile insurance policy issued to her parents Harold and Marcia Orr, and that 2) State Auto is the primary insurer. We reverse issue 1 and affirm issue 2.

FACTS AND PROCEDURE

[¶ 2.] This action arose from a one-car accident that occurred in rural Clark

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