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WESTERN STATES LAND v. LEXINGTON INS.

No. 16902.

459 N.W.2d 429 (1990)

WESTERN STATES LAND & CATTLE CO., INC. d/b/a Business Insurors, Plaintiff and Appellant, v. LEXINGTON INSURANCE COMPANY and Action Carrier, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 18, 1990.

Attorney(s) appearing for the Case

William A. Moore of Samp Law Offices Sioux Falls, for plaintiff and appellant.

Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee Lexington Ins. Co.

Gary P. Thimsen of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee Action Carrier, Inc.; Sara L. Burnette of Woods, Fuller, Shultz & Smith, Sioux Falls, on brief.

MORGAN, Justice.

Western States Land & Cattle Company (Broker) appeals grants of summary judgment in favor of Lexington Insurance Company (Insurer) and Action Carrier, Inc. (Insured) in an action for declaratory judgment. We affirm in part and reverse and remand in part.

In June, 1986, Insurer issued a $4 million excess liability insurance policy for Insured. The insurance was procured by Broker through a surplus lines brokerage agreement it had with Insurer...

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