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MOORE v. KLUTHE & LANE INS. AGENCY, INC.

No. 11377.

234 N.W.2d 260 (1975)

David P. MOORE and Ada Moore, Plaintiffs and Respondents, v. KLUTHE & LANE INSURANCE AGENCY, INC., a South Dakota Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

October 3, 1975.

Attorney(s) appearing for the Case

Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for plaintiffs and respondents.

Costello, Porter, Hill, Banks & Nelson, Rapid City, for defendant and appellant.

COLER, Justice.

Plaintiffs, David and Ada Moore, were awarded by virtue of a jury verdict $9,000 for damages to their mobile home and $4,250 for damages to the contents of the mobile home occasioned by the June 9, 1972, Rapid City flood. The claim is based on the theory of negligent misrepresentation by an agent of the defendant as to the coverage of the policy in force as issued by Reserve Insurance Company of Chicago, Illinois. We affirm.

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