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ZOO PROPERTIES v. MIDWEST FAMILY MUT. INS.

No. 25667.

797 N.W.2d 779 (2011)

2011 S.D. 11

ZOO PROPERTIES, LLP and Aberdeen Zoo, Inc. d/b/a The Zoo, Plaintiffs and Appellants, v. MIDWEST FAMILY MUTUAL INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 23, 2011.

Attorney(s) appearing for the Case

Thomas P. Tonner of Tonner, Tobin and King, LLP, Aberdeen, South Dakota, Attorneys for plaintiffs and appellants.

Eric R. Johnson of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] Zoo Properties, LLP and Aberdeen Zoo, Inc. (Zoo Properties) filed a claim under its business owner's insurance policy to cover the expenses to fix a sagging ceiling resulting from cracked joists. A provision in the policy covered damage due to "risks of direct physical loss involving collapse of a building." The policy provider, Midwest Family Mutual Insurance Co. (Midwest Family Mutual), denied coverage claiming that the policy language...

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