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NORTH STAR MUT. INS. CO. v. RASMUSSEN

No. 24078.

734 N.W.2d 352 (2007)

2007 SD 55

NORTH STAR MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. Glenn L. RASMUSSEN, Defendant and Appellant, and Keith O. Rasmussen, Auto-Owners Insurance Company, Brunswick Corporation, a Delaware Corporation, Mercury Marine, a division of Brunswick Corporation, and Crownline Boats, Inc., an Illinois Corporation, Defendants.

Supreme Court of South Dakota.

Decided June 13, 2007.

Attorney(s) appearing for the Case

Michael J. Schaffer of Schaffer Law Office, Prof., LLC, Sioux Falls, South Dakota, Attorney for appellee.

William Fuller of Fuller & Sabers, LLP, Sioux Falls, South Dakota, Attorneys for appellants.

MILLER, Retired Justice.

[¶ 1.] North Star Mutual Insurance Company initiated a declaratory judgment action against Glenn L. Rasmussen seeking a ruling that North Star had no duty to defend or indemnify Rasmussen under an umbrella policy. Each party filed motions for summary judgment. The trial court concluded there was no coverage under the umbrella policy and granted North Star's motion. It held that North Star had no duty to defend claims against Rasmussen...

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