Black Hills Kennel Club, Inc. v. Fireman's Fund Indemnity Co.

This is an action brought by the plaintiff against the Fireman’s Fund Indemnity Company for the recovery under an insurance policy issued by the defendant to the plaintiff of an amount necessarily expended by plaintiff in the defense and settlement of an action for damages arising out of personal injuries allegedly within the coverage of the policy. The court held that the accident in question was not within the coverage of the policy and rendered judgment dismissing the action. Plaintiff appeals.

Plaintiff was the owner and operator of a racing track near Rapid City. James Thomas Thomson, six…