STATE FARM FIRE, ETC. v. ST. PAUL FIRE, ETC.

No. 12329.

268 N.W.2d 147 (1978)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff and Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Donald R. Wince, Defendants and Respondents.

Supreme Court of South Dakota.

Decided July 20, 1978.


Attorney(s) appearing for the Case

Charles H. Whiting of Whiting & Hagg, Rapid City, for plaintiff and appellant.

Thomas H. Barnes of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendants and respondents.


BRAITHWAITE, Circuit Judge.

Elmer's Downtown Service Station in Spearfish, South Dakota, was destroyed by fire on September 15, 1976. At that time the owner, Donald R. Wince, had in full force and effect two insurance policies. One, issued by defendant St. Paul, was in the amount of $8,000 and insured the personal property in the service station against loss by fire. The other, issued by plaintiff State Farm, was what is commonly called a Comprehensive General Liability...

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