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Employers Mutual Casualty Co.3/14/2001
etermination that State Auto was primary over American Family.
[ .] South Dakota state law mandates coverage for permissive drivers but allows an exclusion from coverage for family members. Roxann was excluded pursuant to the family exclusion as stated in the State Auto policy issued to her parents. Benson is an insured under the State Auto policy pursuant to our financial responsibility laws because she was driving with the permission of the owner. As such, although Roxann's claim against State Auto is barred, her claims against American Family, as insurer of Benson, are not barred. State Auto, as insurer of the owner of the vehicle involved in the crash, has primary responsibility for the claims of the others involved, followed by American Family and then Employers.
CONCLUSION
[ .] We reverse the part of the trial court's judgment holding that Roxann Orr is named insured under the State Auto policy. With regard to the order of coverage, we affirm with regard to Sigdestad and Herrick. However, due to our decision on issue one, Roxann is not covered under the State Auto policy.
[ .] MILLER, Chief Justice, SABERS, AMUNDSON, and GILBERTSON, Justices, concur.
[ .] CALDWELL, Circuit Judge, for KONENKAMP, Justice, disqualified.
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