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CORNER CONST. v. UNITED STATES FIDELITY

Nos. 21880, 21888, 21897.

638 N.W.2d 887 (2002)

2002 SD 5

CORNER CONSTRUCTION COMPANY, a corporation, Plaintiff and Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation; and Cummings & Roll, Ltd., a corporation, Defendants and Appellees, Regent Insurance Company, a corporation; and Continental Insurance Company, a corporation, Defendants.

Supreme Court of South Dakota.

Decided January 9, 2002.

Attorney(s) appearing for the Case

Veronica L. Duffy, Joseph M. Butler of Bangs, McCullen, Butler, Foye and Simmons, LLP, Rapid City, for plaintiff and appellant.

Scott Sumner, Jerry D. Johnson of Banks, Johnson, Colbath, Kerr & Sumner, LLC, Rapid City, for defendants and appellees United States Fidelity & Guaranty Co.

William A. May of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, for defendants and appellees Cummings & Roll, Ltd.

SABERS, Justice.

[¶ 1.] Corner Construction Company (Corner) filed an action seeking a declaratory judgment against United States Fidelity and Guaranty Company (USF & G) alleging that there was coverage for the faulty work of Corner's subcontractors under its existing insurance policies. Corner also filed an action against Cummings and Roll (C & R) alleging that C & R had negligently advised Corner that there was no insurance coverage under its insurance...

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