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STATE FARM FIRE & CAS. CO. v. HARBERT

No. 24366.

741 N.W.2d 228 (2007)

2007 SD 107

STATE FARM FIRE & CASUALTY COMPANY, Plaintiff and Appellee, v. Thomas G. HARBERT, Defendant and Appellant, and David M. Kalt, Defendant.

Supreme Court of South Dakota.

Decided October 24, 2007.

Attorney(s) appearing for the Case

Susan M. Sabers and William P. Fuller of Fuller & Sabers, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Lee Schoenbeck of Schoenbeck Law Office, Watertown, South Dakota, Attorney for defendant and appellant.

TUCKER, Circuit Judge.

[¶ 1.] State Farm Fire & Casualty (State Farm) brought this declaratory judgment action to determine if coverage or a duty to defend existed in an underlying action. In that case David Kalt (Kalt) brought suit against Thomas Harbert (Harbert) for alienation of the affections of his former spouse, Peggy Kalt (Peggy). Harbert sought personal liability coverage on the underlying action from State Farm under his personal liability umbrella...

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