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ASS KICKIN RANCH v. NORTH STAR MUT. INS.

No. 26291.

822 N.W.2d 724 (2012)

2012 S.D. 73

ASS KICKIN RANCH, LLC, Plaintiff and Appellant, v. NORTH STAR MUTUAL INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 17, 2012.

Attorney(s) appearing for the Case

Lee C. "Kit" McCahren of Olinger, Lovald, McCahren & Reimers, PC, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Douglas A. Abraham of May, Adam, Gerdes, Thompson, LLP, Pierre, South Dakota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] North Star Mutual Insurance Company (North Star) denied coverage for two unassembled wind turbines that were destroyed in a fire on Ass Kickin Ranch's property. North Star claimed a policy exclusion permitted it to deny coverage for the loss. Ass Kickin Ranch (Ranch) sued North Star, asserting North Star committed a breach of contract and acted in bad faith in denying coverage for the unassembled wind turbines. The parties filed...

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