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WESTERN NAT. MUT. INS. v. GATEWAY BLDG.

Nos. 27841, 27842.

887 N.W.2d 887 (2016)

2016 S.D. 85

WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Plaintiff and Appellee, v. GATEWAY BUILDING SYSTEMS, INC., Defendant and Appellant, and Dakota Mill & Grain, Inc., Defendant.

Supreme Court of South Dakota.

Decided November 30, 2016.

Attorney(s) appearing for the Case

James E. Moore , Jordan J. Feist of Woods Fuller Shultz & Smith P.C., Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Terry G. Westergaard of Bangs, McCullen, Butler, Foye & Simmons, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] Western National Mutual Insurance Company filed a complaint for declaratory judgment against Gateway Building Systems, Inc. The circuit court granted summary judgment in favor of Western National, finding that several exclusions in the insurance agreement between Western National and Gateway applied to defeat coverage...

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