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TRIPLE U ENTERPRISES v. NEW HAMPSHIRE INS. CO.

No. CIV. 83-5070.

576 F.Supp. 798 (1983)

TRIPLE U ENTERPRISES, INC., a corporation; L.R. Houck and Jerry Houck, Plaintiffs, v. NEW HAMPSHIRE INSURANCE COMPANY, a corporation, Defendant.

United States District Court, D. South Dakota, W.D.

August 11, 1983.

Attorney(s) appearing for the Case

Joseph M. Butler, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S.D., for plaintiffs.

Gary H. Richards, Richards, Hood & Brady, Spearfish, S.D., for defendant.

MEMORANDUM OPINION

BOGUE, Chief Judge.

This diversity action comes before the Court on cross motions for summary judgment. Plaintiffs contend that Defendant breached its contract of insurance by refusing to defend and by refusing to provide coverage. Defendant asserts that it breached no duty to defend because Plaintiffs' claim is not covered under the insurance policy. This Court holds that Defendant breached its contract of insurance by wrongfully refusing...

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