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BATIZ v. FIRE INS. EXCHANGE

No. 25743.

800 N.W.2d 726 (2011)

2011 S.D. 35

Oscar BATIZ, Plaintiff and Appellant, v. FIRE INSURANCE EXCHANGE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 6, 2011.

Attorney(s) appearing for the Case

Rollyn H. Samp , Sioux Falls, South Dakota, Attorney for plaintiff and appellant.

Melanie L. Carpenter of Woods, Fuller, Shultz and Smith P.C., Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this declaratory judgment action, an insured disputes the amount to be paid for fire damage to his rental property. On cross motions for summary judgment, the circuit court granted judgment for the insurance company, dismissing the insured's action without prejudice. We affirm and remand.

Background

[¶ 2.] A fire on July 22, 2008 damaged Oscar Batiz's residential rental property. He filed a claim with his carrier...

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