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NATIONWIDE AGRIBUSINESS INS. v. FITCH

#29784, #29787.

976 N.W.2d 783 (2022)

2022 S.D. 36

NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, Plaintiff and Appellee, v. Burjes FITCH, Cheryl Fitch, Truett Fitch, Theo Fitch, Fitch Farms, BC Fitch Partnership, Defendants. and Hunter Peterson, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED June 15, 2022.

Attorney(s) appearing for the Case

MICHAEL J. MCGILL , Beresford, South Dakota, BRET C. MERKLE , Sioux Falls, South Dakota, Attorneys for defendant and appellant.

TERRA M. LARSON , MICHAEL F. SHAW of May, Adam, Gerdes & Thompson, LLP, Pierre, South Dakota, Attorneys for plaintiff and appellee.

[¶1.] Nationwide Agribusiness Insurance Company (Nationwide) sought a declaratory judgment regarding its duty to indemnify and defend Burjes and Cheryl Fitch against a personal injury lawsuit stemming from an accident that occurred on their farm. Nationwide contends that it has no such duty under the terms of the Fitches' farm...

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