Summary
The South Dakota Supreme Court considered whether South Dakota's uninsured motorist coverage limits applied to an Arizona insurance policy covering Arizona residents and an Arizona-registered motorcycle involved in an accident in South Dakota. The court held that the policy's terms and Arizona law governed because the policy was issued in Arizona and the motorcycle was registered and principally garaged there. The court affirmed summary judgment for Progressive Casualty Insurance Co.
Holdings
- South Dakota's uninsured motorist coverage requirements do not apply to an insurance policy that was not issued for delivery in South Dakota and covered a vehicle that was neither registered nor principally garaged in South Dakota.
- Arizona law governed the coverage dispute, and the Arizona policy's $15,000-per-person uninsured motorist limit was enforceable.
Questions Presented
- Whether South Dakota's statutory uninsured motorist minimum limits applied to an Arizona insurance policy covering an Arizona-registered and principally Arizona-garaged motorcycle involved in an accident in South Dakota.
- Whether the circuit court properly granted summary judgment to Progressive based on the policy's Arizona choice-of-law provision and its $15,000-per-person uninsured motorist limits.
Disposition
affirmed
Cases Cited (8)
- Transportation Insurance Co. v. Martinez, 899 P.2d 194, 196 (Ariz. Ct. App. 1995)(followed for general purpose of uninsured motorist coverage)
- Cornelius v. National Casualty Co., 2012 S.D. 29, ¶ 12, 813 N.W.2d 167, 171(followed for general purpose of uninsured motorist coverage)
- American Family Mutual Insurance Co. v. Merrill, 454 N.W.2d 555, 559 (S.D. 1990)(followed)
- Dunes Hospitality, L.L.C. v. Country Kitchen International, Inc., 2001 S.D. 36, ¶ 10, 623 N.W.2d 484, 488(followed)
- Great Western Casualty Co. v. Hovaldt, 1999 S.D. 150, ¶ 8, 603 N.W.2d 198, 201(followed)
- Wilds v. Mid-Century Insurance Co., 642 P.2d 567 (Kan. 1982)(analogized)
- Martin v. Lumberman's Mutual Casualty Co., 559 A.2d 1028 (R.I. 1989)(analogized)
- Vaughan v. Nationwide Mutual Insurance Co., 702 A.2d 198, 202 (D.C. 1997)(analogized)
Cited In (0)
No citing cases on record yet.
Court Document
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