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HAUGAN v. HOME INDEMNITY COMPANY

No. 10940-r.

197 N.W.2d 18 (1972)

Gil HAUGAN, d/b/a Gil Haugan Construction Company, also d/b/a Masonry, Inc., Plaintiff and Respondent, v. The HOME INDEMNITY COMPANY and Iowa National Mutual Insurance Company, Defendants and Appellants, State Automobile and Casualty Underwriters et al., Defendants, American Mutual Insurance Alliance, Amicus Curiae.

Supreme Court of South Dakota.

Rehearing Denied June 9, 1972.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith by F. M. Smith, Sioux Falls, and Sam W. Masten, Canton, for defendants and appellants.

Davenport, Evans, Hurwitz & Smith by Lawrence L. Piersol, Sioux Falls, for plaintiff and respondent.

Donald Porter, John P. Gorman, James T. Ferrini, Clausen, Hirsh, Miller & Gorman, Chicago, Ill., for amicus curiae.

HANSON, Presiding Judge.

This declaratory judgment action involves the construction of liability insurance policies issued by the Home Indemnity and the Iowa National Insurance companies to the insured, Gil Haugan d/b/a Haugan Construction Company, to determine whether any of the policies afford coverage to Haugan for a property damage claim asserted against him by Business Aviation, Inc., in a prior pending action. Home and Iowa Mutual appeal from a judgment declaring...

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