Schoenwald v. Farmers Cooperative Ass'n of Marion

TICE, Circuit Judge.

This is an appeal from an order granting summary judgment to defendants Mills Mutual Insurance Group, Millers National Insurance Company and Grain Dealers Mutual Insurance Company (Mills Mutual). The plaintiff, Allen R. Schoenwald (Schoen-wald), appeals. We affirm.

FACTS

Farmers Cooperative Association of Marion (Farmers Cooperative) operated a grain elevator facility in Marion, South Dakota. On November 2, 1985, an explosion occurred at the facility resulting in the deaths of three individuals including Keith and Fred Schoenwald. An investigation by a state deputy fire…