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OWNERS INS. CO. v. TIBKE CONSTRUCTION, INC.

27932, 27969, 27938, 27955.

901 N.W.2d 80 (2017)

2017 S.D. 51

OWNERS INSURANCE COMPANY, Plaintiff and Appellant, v. TIBKE CONSTRUCTION, INC., Defendant and Appellee, and Joey Brown and Sonya Brown and Jerry's Excavating, Inc., Defendants. Owners Insurance Company, Plaintiff and Appellee, v. Tibke Construction, Inc., Defendant and Appellant, and Joey Brown and Sonya Brown, and Jerry's Excavating, Inc., Defendants.

Supreme Court of South Dakota.

OPINION FILED August 23, 2017.

Attorney(s) appearing for the Case

RONALD A. PARSONS JR. of Johnson Janklow Abdallah Reiter & Parsons LLP, Sioux Falls, South Dakota, MARK D. O'LEARY , Sioux Falls, South Dakota, Attorneys for plaintiff and appellant Owners Insurance Company #27932 and plaintiff and appellee #27938.

DANIEL R. FRITZ , NICOLE O. TUPMAN of Lindquist & Vennum, PLLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee Tibke Construction, Inc. #27932 and defendant and appellant #27938.

[¶ 1.] Homeowners sued a general contractor and a subcontractor for damages to their home. General contractor was insured under a commercial general liability (CGL) policy and requested defense and indemnification from its insurer. Insurer disputed coverage but defended general contractor under a reservation of rights. Insurer...

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