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CULHANE v. WESTERN NAT. MUT. INS. CO.

No. 23442.

704 N.W.2d 287 (2005)

2005 SD 97

Patrick CULHANE and Nancy Turbak, Plaintiffs and Appellees, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 7, 2005.

Attorney(s) appearing for the Case

Michael Abourezk, Abourezk Law Firm, Rapid City, South Dakota, Nancy J. Turbak, Watertown, South Dakota, Attorneys for plaintiffs and appellees.

James E. Moore of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] An automobile was involved in a single car accident triggering the collision coverage in a personal automobile policy. The insurer tendered the total cost of repairs. However, the insureds contended that they were also entitled to any diminished market value that existed after the vehicle was physically and mechanically repaired to its former condition. The trial court granted partial summary judgment in favor of the insureds, allowing...

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