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DAKOTA FIRE INS. CO. v. J & J McNEIL, LLC

No. 26827.

849 N.W.2d 648 (2014)

2014 SD 37

DAKOTA FIRE INSURANCE COMPANY, Plaintiff and Appellant, v. J & J McNEIL, LLC, Defendant and Appellee, and Harris Bank, Intervenor, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 25, 2014.

Attorney(s) appearing for the Case

Douglas M. Deibert , Cadwell, Sanford, Deibert & Garry LLP, Sioux Falls, South Dakota, attorneys for appellant.

John P. Mullen , Paul W. Tschetter , Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, attorneys for appellees.

SEVERSON, Justice.

[¶ 1.] John McNeil (McNeil), a member of J & J McNeil, LLC (the LLC), damaged his personal property while conducting work for the LLC. McNeil sought insurance coverage from the LLC's commercial general liability insurer, Dakota Fire Insurance Company (Dakota Fire). Dakota Fire initiated a declaratory judgment action seeking determination of whether the insurance policy creates a duty to pay McNeil's claim. The circuit court held the policy...

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