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STOEBNER v. S. DAK. FARM BUREAU MUT. INS.

No. 20577.

598 N.W.2d 557 (1999)

1999 SD 106

Jeanette STOEBNER, Plaintiff and Appellee, v. SOUTH DAKOTA FARM BUREAU MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 11, 1999.

Attorney(s) appearing for the Case

Timothy L. James of James & Associates, P.C., Yankton, South Dakota, Attorneys for plaintiff and appellee.

Mark D. O'Leary, Sioux Falls, South Dakota, Attorney for defendant and appellant.

SABERS, Justice

[¶ 1.] Farm Bureau appeals a summary judgment that it breached a duty to defend. Finding genuine issues of material fact, we reverse and remand for trial.

FACTS

[¶ 2.] On May 26, 1991, an altercation occurred between Jeanette Stoebner and her daughter-in-law, Lori Gregerson, at Gregerson's home. Gregerson later filed a complaint claiming Stoebner committed intentional torts of assault and battery. Stoebner claimed that she...

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