DE SMET v. BUSSKOHL

No. 26485.

834 N.W.2d 826 (2013)

2013 S.D. 52

DE SMET FARM MUTUAL INSURANCE COMPANY OF SOUTH DAKOTA, Plaintiff and Appellee, v. David BUSSKOHL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 10, 2013.


Attorney(s) appearing for the Case

Larry M. Von Wald of Beardsley, Jensen & Von Wald, Prof., LLC, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

John K. Nooney , Robert J. Galbraith of Nooney, Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.


SEVERSON, Justice.

[¶ 1.] De Smet Farm Mutual Insurance Company of South Dakota (De Smet) initiated this action, claiming that it lawfully rescinded an insurance contract with David Busskohl because Busskohl made a material misrepresentation on his application for homeowner's insurance. De Smet also sought recovery of all monies it paid to Busskohl. De Smet moved for summary judgment. The circuit court granted De Smet's motion, determining, as a matter of law...

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