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HALLMARK INS. CO. v. HOEFERT

4:22-cv-4069.

713 F.Supp.3d 559 (2024)

HALLMARK INSURANCE COMPANY, De Smet Insurance Company; and National Casualty Company, Plaintiffs v. Gail HOEFERT and Aaron Hoefert, as personal representatives of the Estate of Andrew Joseph Hoefert; Gail Hoefert and Kerry Hoefert, as Legal Guardians of B.E.H. (minor) and C.T.H. (minor); Kevin Tycz, as Personal Representative of the Estate of Jennifer Christine Hoefert; Eric J. Lupkes; Logan Health, d/b/a Logan Health Medical Center; Partners United for Life Saving Education, d/b/a Jefferson Valley Ems & Rescue; SCL Health Medical Group-Butte, LLC; De Smet Insurance Company of South Dakota; and FedEx Corporation, Defendants.

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

Signed January 29, 2024.

Attorney(s) appearing for the Case

Jeff W. Wright, Jessica Board, Heidman Law Firm, P.L.L.C., Sioux City, IA, for Plaintiff Hallmark Insurance Company.

Dennis L. Duncan, The Duncan Law Firm, LLP, Sioux Falls, SD, for Defendants Gail Hoefert, Aaron Hoefert, Andrew Joseph Hoefert, Kerry Hoefert, Kevin Tycz, Jennifer Christine Hoefert.

Brett A. Poppen, Beardsley, Jensen & Lee, Prof. L.L.C., Rapid City, SD, for Defendant De Smet Insurance Company of South Dakota.

MEMORANDUM AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

Pending before the Court is an interpleader action involving the insurance coverage for survivors of a tragic auto accident. De Smet Insurance Company of South Dakota (De Smet) has moved for summary judgment. (Doc. 62). The Hoefert...

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