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HEIKES v. MONTGOMERY

No. 15235.

399 N.W.2d 356 (1987)

Joanne HEIKES, Plaintiff and Appellant, v. Jack MONTGOMERY and First Agency, Inc., d/b/a First Insurance, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 14, 1987.

Attorney(s) appearing for the Case

John P. Blackburn of Blackburn, Stevens & Dietrich, Yankton, for plaintiff and appellant; Donna K. Dietrich of Blackburn, Stevens & Dietrich, Yankton, on brief.

Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees; Rick W. Orr of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

MORGAN, Justice.

Plaintiff Joanne Heikes (Heikes) appeals from a summary judgment granted to defendants Jack Montgomery (Montgomery) and First Agency, Inc. We affirm.

The sole issue, as presented by Heikes, is:

Whether summary judgment was appropriate since there was a fact question as to whether Montgomery had, through his prior course of conduct, a duty to maintain fire insurance coverage for Heikes and whether he breached that duty by failing to...

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