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Zachory Friesz, a minor child, through his Guardian Ad Litem, Alba Friesz, and estate of Chad Clair Schatz, through the Administratrix, Alba Friesz
Plaintiffs and Appellees
v.
Farm & City Insurance Company

Defendant and Appellant

[2000 SD 152]
South Dakota Supreme Court
Appeal from the Circuit Court of
The Sixth Judicial Circuit
Haakon County, South Dakota
Hon. Max A. Gors, Judge

Ralph Kemnitz
Philip, South Dakota
and
Erik R. Johnson
Solberg, Stewart, Miller, Johnson & Tjon
Fargo, North Dakota
Attorneys for appellees

Thomas H. Harmon
Tieszen Law Office Pierre, South Dakota
Attorney for defendant and appellant

Considered on Briefs October 25, 2000
Opinion Filed 12/6/2000


JUSTICE, Amundson
[¶ 1.] Farm & City Insurance Company appeals the trial court’s holding that it is financially obligated to indemnify Zachory Friesz up to fifty thousand dollars according to the underinsured motorist provision within the insurance policy. We reverse.
FACTS
[¶ 2.] On August 14, 1993 Chad Schatz, the father of Zachory Friesz, was killed in a car accident. The car in which Schatz was a passenger was allegedly traveling at a rate in excess of ninety miles per hour. In 1996, Schatz’ estate sued the driver of the car, Cody Warne, and secured a settlement in the amount of twenty five thousand dollars.
[¶ 3.] Through Zachory Friesz, this case was brought to enforce the claim of the estate of Schatz against his own insurance company, Farm & City, for underinsured motorist coverage. According to the Schatz policy, the limit the insurance company was obligated to pay is twenty-five thousand dollars “per person

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