DE SMET INS. CO. OF SOUTH DAKOTA v. POURIER

No. 25783.

802 N.W.2d 447 (2011)

2011 SD 47

DE SMET INSURANCE COMPANY OF SOUTH DAKOTA, Plaintiff and Appellee, v. Tabitha POURIER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 17, 2011.


Attorney(s) appearing for the Case

Jessica L. Larson of Beardsley Jensen & Von Wald, Prof. LLC, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Robert L. Morris of Day Morris Law Firm, LLP, Belle Fourche, South Dakota, Attorneys for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] An insured was seriously injured in an automobile accident, suffering damages in excess of $250,000. After receiving $25,000 from the tortfeasor's liability carrier and $100,000 in underinsured motorist coverage from her primary insurer, she sought an additional $100,000 in underinsured coverage from her excess carrier. But the excess carrier denied coverage, asserting that an exclusion in the policy

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