South Dakota Supreme Court July 1, 1980, 12893 (Milbank Mutual Insurance Co. v. State Farm Fire & Casualty Co.)

FOSHEIM, Justice.

This is an action initiated by plaintiff Milbank Mutual Insurance Company (Mil-bank) against State Farm Fire and Casualty Company (State Farm) seeking declaratory relief. The case was tried to the court on stipulated facts and depositions. From a judgment entered in favor of Milbank, State Farm appeals. We reverse.

Warren D.