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KIEF FARMERS CO-OP. ELEVATOR v. FARMLAND MUTUAL INSURANCE CO.

Civ. No. 950011.

534 N.W.2d 28 (1995)

KIEF FARMERS COOPERATIVE ELEVATOR COMPANY, Plaintiff and Appellant, v. FARMLAND MUTUAL INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of North Dakota.

July 3, 1995.

Attorney(s) appearing for the Case

Thomas A. Wentz, Jr., of Pringle & Herigstad, PC, Minot, for plaintiff and appellant.

Bruce H. Carlson, of McNair, Larson & Carlson, Fargo, for defendant and appellee.

VANDE WALLE, Chief Justice.

Kief Farmers Cooperative Elevator Company [Kief] appealed from a summary judgment dismissing its claim that Farmland Mutual Insurance Company [Farmland] is obligated under its contract of insurance to pay for property damage and business income loss incurred by Kief. We reverse and remand for further proceedings.

In 1985, Kief erected a 100,000 bushel grain storage bin at its facility in Butte. The contractor, however, incorrectly...

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