PAPOUSEK v. DE SMET FARM MUT. INS. CO.

No. 27658.

883 N.W.2d 503 (2016)

2016 S.D. 53

Richard PAPOUSEK and Lorayna Papousek, Plaintiffs and Appellants, v. DE SMET FARM MUTUAL INSURANCE COMPANY OF SOUTH DAKOTA, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 20, 2016.


Attorney(s) appearing for the Case

Sarah Baron Houy , Michael M. Hickey of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, SD, Attorneys for plaintiffs and appellants

Jessica L. Larson of Beardsley, Jensen & Lee, Prof. LLC, Rapid City, SD, Attorneys for defendant and appellee.


[¶ 1.] Insured's cattle died in 2013 during Winter Storm Atlas. Insurer declined coverage, claiming a plain and ordinary construction of the insurance policy providing indemnification for loss of livestock by drowning precluded recovery. A circuit court agreed and granted summary judgment in favor of insurer. We reverse.

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