Papousek v. De Smet Farm Mutual Insurance Co. of South Dakota

KERN, Justice.

[¶ 1.] . Insured’s cattle died in 2013 during Winter Storm Atlas. Insurer declined coverage, claiming a plain and ordinary construction of the insurance policy providing indemnification for loss of livestock by drowning precluded recovery. A circuit court agreed and granted summary judgment in favor of insurer. We, reverse.

Facts and Procedural History

[¶2.] Richard and Lorayna Papousek own and operate a crop-andrlivestock ranch in Quinn, South Dakota, A massive, record-breaking storm named Winter Storm Atlas struck the area October 3-5, *5042013. The storm began as rain and then…