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JENCO, INC. v. UNITED FIRE GROUP

No. 22493.

666 N.W.2d 763 (2003)

2003 SD 79

JENCO, INC. successor to St. Goliard's Investment Co., a South Dakota Corporation, d/b/a Happy Jack's East, Plaintiff and Appellant, v. The UNITED FIRE GROUP, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned May 12, 2003.

Decided July 9, 2003.

Attorney(s) appearing for the Case

James L. Jeffries, Jeffries Law Office, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Jennifer K. Trucano, Gunderson, Palmer, Goodsell & Nelson, Rapid City, South Dakota, Attorneys for defendant and appellee.

SABERS, Justice (on reassignment).

[¶ 1.] Jenco Inc. filed a claim against United Fire Group (United Fire) alleging United Fire breached the parties' contract of insurance by failing to pay a claim under an employee dishonesty provision. The trial court dismissed the claim with prejudice for failure to prosecute. We affirm.

FACTS

[¶ 2.] On November 18, 1997, approximately $13,000 in cash was stolen from a casino operated by Jenco. Jenco...

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