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PROGRESSIVE SPECIALTY INS. CO. v. BURNETTE

Civil No. 06-3013.

489 F.Supp.2d 955 (2007)

2007 DSD 7

PROGRESSIVE SPECIALTY INSURANCE COMPANY, Plaintiff, v. Viola A. BURNETTE, Tribal Court Judge of the Rosebud Sioux Tribal Court, of the Rosebud Sioux Indian Reservation; The Rosebud Sioux Tribal Court; and Jody Waln, Defendants.

United States District Court, D. South Dakota, Central Division.

April 19, 2007.

Attorney(s) appearing for the Case

Patricia A. Meyers, Costello Porter Hill Heisterkamp Bushnell & Carpenter, Rapid City, SD, for Plaintiff.

Eric J. Antoine, Rosebud, SD, Terry L. Pechota, Robin L. Zephier, Rapid City, SD, for Defendants.

OPINION AND ORDER

KORNMANN, District Judge.

[¶ 1] This is a case that has spun "out of control." All material facts are not in dispute. Progressive Specialty Insurance Company ("Insurer"), acting through an insurance agency, sold in Nebraska a policy of automobile insurance to Rodney Bordeaux. Bordeaux was the "insured" but listed on the policy as a "driver" was not only Bordeaux but also Jody Waln ("Wain"). Bordeaux and Waln are enrolled members of...

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