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FEDDERSON v. COLUMBIA INS. GROUP

No. 26327.

824 N.W.2d 793 (2012)

2012 SD 90

Ila FEDDERSON, Plaintiff and Appellant, v. COLUMBIA INSURANCE GROUP d/b/a Columbia National Insurance Co., Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 19, 2012.

Attorney(s) appearing for the Case

Chris A. Nipe of Larson & Nipe, Mitchell, South Dakota, Attorneys for plaintiff and appellant.

Jeffrey R. Connolly of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Columbia Insurance Group (Columbia) insured Ila and Gary Fedderson's business, Whiskey Flow Dining and Minor Alley (Whiskey Flow). After Whiskey Flow was destroyed by fire, Ila and Gary submitted a sworn proof of loss statement. Gary was later convicted of conspiracy to commit arson and insurance fraud in connection with the fire. Because Gary made misrepresentations and committed fraud in submitting the proof of loss statement, Columbia...

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