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  5. 779 N.W.2d 148 (2010)
 

DE SMET FARM MUT. INS. v. GULBRANSON DEV., CO., INC.

Nos. 25142, 25154.

779 N.W.2d 148 (2010)

2010 SD 15

DE SMET FARM MUTUAL INSURANCE COMPANY OF SOUTH DAKOTA, Plaintiff and Appellant, v. GULBRANSON DEVELOPMENT COMPANY, INC., Defendant, Third-Party Plaintiff and Appellee, v. Gary Croon d/b/a Gary Croon Insurance, Third-Party Defendant.

Supreme Court of South Dakota.

Decided February 17, 2010.

Attorney(s) appearing for the Case

Ted L. McBride of Beardsley, Jensen and Von Wald, Prof. LLC, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Richard J. Helsper of Glover & Helsper, PC, Brookings, South Dakota, Attorneys for defendant, third-party plaintiff and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Insurer, De Smet Farm Mutual (De Smet) brought a declaratory action against its insured claiming the language of the policy excluded coverage and a duty to defend the insured in an underlying action. De Smet filed a motion for summary judgment; its insured, Gulbranson Development Company, contended coverage existed under a theory of estoppel. The trial court granted the insured's motion in part. It determined that evidence developed...

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