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PETE LIEN & SONS v. FIRST AMERICAN TITLE

Nos. 17437, 17443.

478 N.W.2d 824 (1991)

PETE LIEN & SONS, INC., Plaintiff and Appellee, v. FIRST AMERICAN TITLE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 18, 1991.

Rehearing Denied January 9, 1992.

Attorney(s) appearing for the Case

Craig D. Grotenhouse, Rapid City, for plaintiff and appellee.

Craig A. Pfeifle of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendant and appellant; Gene Lebrun of Lynn, Jackson, Shultz & Lebrun, Rapid City, on brief.

MILLER, Chief Justice.

First American appeals the trial court's grant of summary judgment which extended coverage to Lien for attorney fees under a title insurance policy issued by first American. We reverse.

FACTS

On November 29, 1976, First American Title Insurance Company (First American) issued Title Insurance Policy No. 1981-SD to Pete Lien & Sons, Inc. (Lien) for property upon which Lien planned to construct a residence.

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