RUMPZA v. DONALAR ENTERPRISES, INC.

No. 20133.

581 N.W.2d 517 (1998)

1998 SD 79

Eugene RUMPZA and Melinda Rumpza, Plaintiffs and Appellants, v. DONALAR ENTERPRISES, INC., Defendant and Appellant, and Stockholm Farm Mutual Insurance Company, Inc., a South Dakota Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned May 22, 1998.

Decided July 15, 1998.


Attorney(s) appearing for the Case

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

James E. Moore of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant, Donalar Enterprises, Inc.

George Boos and John V. Ohnstad, Jr. of Boos & Ohnstad, Milbank, for defendant and appellee.


GILBERTSON, Justice (on reassignment).

¶ Insureds and their agent appeal from summary judgment entered in favor of insurer after the trial court concluded certain policy provisions relating to vacancy were unambiguous and insureds failed to demonstrate insurer had breached insurance contract. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

FACTS AND PROCEDURE

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