South Dakota High Court Says Auto Insurance Covers Gun Accident

May 9, 2008

The South Dakota Supreme Court says an auto insurance policy covers injuries caused when a rifle accidentally fired in a pickup being used to drive deer hunters to the field.

A 14-year-old boy was shot in the ankle November 2001 when a rifle accidentally fired in the back seat of a pickup in Beadle County.

Milbank Insurance Co. argued that the incident was not covered because it was not an auto accident.

In a 3-2 ruling, the Supreme Court upheld a circuit judge's ruling that said Milbank was responsible for covering the boy's injuries.