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SWENSON v. AUTO-OWNERS INS. CO.

No. 26424.

831 N.W.2d 402 (2013)

2013 S.D. 38

Jamie SWENSON and Randy Stewart, Individually and as Assignees of Dale Jelen and DJ Construction, LLC, Plaintiffs and Appellants, v. AUTO-OWNERS INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 15, 2013.

Attorney(s) appearing for the Case

Daniel K. Brendtro of Zimmer, Duncan & Cole, LLP, Sioux Falls, South Dakota and Anthony T. Smith of Hellmuth & Johnson, PLLC, Edina, Minnesota, Attorneys for plaintiffs and appellants.

Zachary W. Peterson , Jack H. Hieb of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota and Timothy P. Tobin of Gislason & Hunter, LLP, Minneapolis, Minnesota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Jamie Swenson and Randy Stewart entered into a contract with Dale Jelen, d/b/a DJ Construction, LLC (collectively DJ Construction), in 2007 to build a home on their property. In 2009, construction on the home was halted after Swenson and Stewart discovered the home had sustained significant water damage. Swenson and Stewart brought suit against DJ Construction, seeking to recover for the damage to their home and DJ Construction...

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