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RUMPZA v. LARSEN

Nos. 19419, 19420.

551 N.W.2d 810 (1996)

1996 SD 87

Eugene RUMPZA and Melinda Rumpza, Plaintiffs and Appellants, v. Don LARSEN, doing business as Dakota Agency, and Stockholm Farm Mutual Insurance Company, Inc., a South Dakota Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 17, 1996.

Attorney(s) appearing for the Case

Jack Hieb, Schoenbeck Law Office, Webster, for plaintiffs and appellants.

James E. Moore of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee Larsen.

John V. OHNSTAD of Boos & Ohnstad, Milbank, for defendant and appellee Stockholm.

SABERS, Justice.

[¶ 1] This is a fire insurance case. Eugene and Melinda Rumpza (Rumpza) appeal the grant of summary judgment in favor of Larsen and Stockholm Insurance, claiming: (1) Larsen negligently failed to obtain the desired coverage, (2) Larsen negligently misrepresented the policy, (3) Larsen's negligence as agent should be imputed to Stockholm, and (4) Stockholm should be equitably estopped from denying coverage. We affirm (2) and (4), but hold that...

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