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AMERT v. CONTINENTAL CAS. CO.

No. 15523.

409 N.W.2d 660 (1987)

Henry J. AMERT and Arleen Amert, Plaintiffs and Appellants, v. CONTINENTAL CASUALTY COMPANY, Kundert-Williams Insurance Agency, and American Federal Savings and Loan Association, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 22, 1987.

Attorney(s) appearing for the Case

J.B. Lammers of Lammers, Lammers, Kleibacker & Casey, Madison, for plaintiffs and appellants.

William C. Garry of Cadwell, Sanford & Deibert, Sioux Falls, for defendant and appellee Continental Cas. Co.

Richard O. Gregerson of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for defendant and appellee Kundert-Williams Ins. Agency.

SABERS, Justice.

Henry and Arleen Amert (Amert) appeal an order granting summary judgment to Continental Casualty Company (Continental) and Kundert-Williams Insurance Agency (Kundert-Williams). We affirm.

Facts

Amert owns the "Rec" building in Madison, South Dakota. This metal structure was built in December 1977 and January 1978 as a recreation facility associated with an apartment complex. In the spring of 1979, Amert noticed that the building...

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