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LAKES' BYRON STORE v. AUTO-OWNERS INS.

No. 20599.

589 N.W.2d 608 (1999)

1999 SD 25

LAKES' BYRON STORE, INC., (a South Dakota Corporation), d/b/a Lakes' Lake Byron Resort, Plaintiff and Appellant, v. AUTO-OWNERS INSURANCE CO., Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 24, 1999.

Attorney(s) appearing for the Case

James E. Carlon, Carlon Law Office, Pierre, South Dakota, for plaintiff and appellant.

Roy A. Wise of Richardson, Groseclose, Wyly, Wise & Sauck, LLP, Aberdeen, South Dakota, for defendant and appellee.

SABERS, Justice

[¶ 1.] Lakes' Byron Store, Inc. (Lakes') appeals a summary judgment granted to Auto-Owners Insurance Company (Auto-Owners). We affirm.

FACTS

[¶ 2.] Lakes' operates a hunting resort on Lake Byron near Huron, South Dakota. Auto-Owners issued a policy to Lakes' providing coverage for business interruption, but excluding losses caused by power failure occurring away from the insured premises. A severe snow and ice storm hit...

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