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Tapio v. Grinnell Mutual Reinsurance Co., 2000 SD 147
State: South Dakota
Court: Supreme Court
Docket No: SD 147
Case Date: 11/29/2000
Plaintiff: Tapio
Defendant: Grinnell Mutual Reinsurance Co., 2000 SD 147
Preview:Unified Judicial System

Amber Tapio and Sunny Big Eagle Plaintiffs and Appellees v. Grinnell Mutual Reinsurance Company, also known as The Grinnell Mutual Group Insurance Company, Defendant and Appellant and Delores Sazue Defendant [2000 SD 147] South Dakota Supreme Court Appeal from the Circuit Court of The First Judicial Circuit Buffalo County, South Dakota Hon. Ronald K. Miller, Judge Lee C. "Kit" McCahren Olinger, Lovald, Robbennolt and McCahren Pierre, South Dakota Attorney for plaintiff and appellee John H. Billion May, Johnson, Doyle & Becker Sioux Falls, South Dakota Attorney for defendant and appellant Considered on Briefs September 18, 2000 Opinion Filed 11/29/2000 GILBERTSON, Justice [¶1.] Amber Tapio and Sunny Big Eagle (Tapio) brought a declaratory judgment action against Grinnell Mutual Reinsurance Company (Grinnell) to determine whether Grinnell was obligated to provide coverage to Delores Sazue, the named insured on a policy issued by Grinnell. Grinnell appeals from an order granting summary judgment in favor of Tapio. We reverse. FACTS AND PROCEDURE [¶2.] There is no dispute as to the facts leading up to this appeal. On March 28, 1997, Sean Sazue was driving a car owned by his mother, Delores Sazue. While driving the vehicle, Sean negligently collided with Tapio. At all times material to this action, Delores
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