South Dakota Supreme Court

Mid-Century Insurance Company, Plaintiff and Appellant v. Honorable Darla L. Lyon

May 7, 1997562 N.W.2d 888

Summary

The court held that a statutory “restrictive endorsement” reducing automobile-insurance coverage must appear on a separate page added or attached to the policy, rather than merely within the policy’s body. Because Mid-Century’s step-down clause did not satisfy that disclosure requirement, it was invalid and the full policy limits applied. The court also rejected Mid-Century’s due-process challenge based on the Division’s earlier approval of the policy form.