Rumpza v. Donalar Enterprises, Inc.

(on reassignment).

[¶ 1.] Insureds and their agent appeal from summary judgment entered in favor of insurer after the trial court concluded certain policy provisions relating to vacancy were unambiguous and insured's failed to demonstrate insurer had breached insurance contract. We affirm in part, reverse in part, and remand for proceedings consistent with this opinion.

FACTS AND PROCEDURE

[¶ 2.] We recently detailed the facts underlying this fire insurance case in Rumpza v. Larsen, 1996 SD 87, 551 N.W.2d 810, (Rump-za I).

[¶ 3.] Eugene and Melinda Rumpza (Rumpzas) are the owners of several…