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NORTHLAND v. ZURICH AMERICAN INS. CO.

No. 24423.

743 N.W.2d 145 (2007)

2007 SD 126

NORTHLAND INSURANCE COMPANY and Chad Loebs d/b/a Loebs Trucking, Plaintiffs and Appellants, v. ZURICH AMERICAN INSURANCE COMPANY, Upper Plains Contracting, Inc., and Michael and Tammy Fetzer, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 12, 2007.

Attorney(s) appearing for the Case

Daniel A. Haws of Murnane Brandt, St. Paul, Minnesota, Steven J. Oberg and Joseph Ashley Parr of Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Peter G. Van Bergen of Cousineau McGuire Chartered, Minneapolis, Minnesota, Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

GIENAPP, Circuit Judge.

[¶ 1.] Northland Insurance Company (Northland) initiated a declaratory judgment action against Zurich American Insurance Company (Zurich). The parties filed cross motions for summary judgment. There is no issue as to the existence of any factual disputes. The circuit court ruled in favor of Zurich. Northland appeals and we affirm.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] On May 1, 2001, Upper Plains Contracting, Inc....

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