UNITED STATES FIRE INS. CO. v. DACE

No. 13137.

305 N.W.2d 50 (1981)

UNITED STATES FIRE INSURANCE COMPANY, Plaintiff and Appellee, v. Troy DACE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 29, 1981.

Rehearing Denied May 22, 1981.


Attorney(s) appearing for the Case

Gerald L. Reade of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, for plaintiff and appellee; Steven M. Johnson of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, on the brief.

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant; Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, on the brief.


HENDERSON, Justice.

ACTION

This is an appeal by Troy Dace (appellant) from a judgment entered pursuant to a jury verdict rendered in favor of United States Fire Insurance Company (appellee). Appellee instituted an action for declaratory judgment contending that appellant was not entitled to recover $50,000 under a fire insurance policy issued to him by appellee. Specifically, the jury found that appellant had violated the terms of the policy by setting,...

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