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AMERICAN FAMILY INS. GROUP v. ROBNIK

No. 25334.

787 N.W.2d 768 (2010)

2010 S.D. 69

AMERICAN FAMILY INSURANCE GROUP, Plaintiff and Appellee, v. Heather ROBNIK, Defendant and Appellant, and Shirley Hunter, Defendant.

Supreme Court of South Dakota.

Decided August 11, 2010.

Attorney(s) appearing for the Case

Douglas M. Deibert , Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Michael A. Wilson of Barker Wilson Law Firm, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] American Family Insurance initiated this declaratory action to determine whether its homeowner's policy covered damages awarded against its insured in an underlying tort action for negligent misrepresentation. The circuit court in the underlying action found that the damages were caused by negligent acts. Notwithstanding those findings, the circuit court in the declaratory action concluded there was no coverage because the misrepresentations...

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