Legal Opinion

Zoo Properties, LLP v. Midwest Family Mutual Insurance Co.

South Dakota Supreme Court

Decided March 23, 2011No. 25667PublishedCited by 6 opinions

1Opinion of the Court

MEIERHENRY, Justice.

[¶ 1.] Zoo Properties, LLP and Aberdeen Zoo, Inc. (Zoo Properties) filed a claim under its business owner’s insurance policy to cover the expenses to fix a sagging ceiling resulting from cracked joists. A provision in the policy covered damage due to “risks of direct physical loss involving collapse of a building.” The policy provider, Midwest Family Mutual Insurance Co. (Midwest Family Mutual), denied coverage claiming that the policy language only covered total collapse of the building. The parties filed cross motions for summary judgment. The circuit court determined…

2Cases cited15 opinions

  1. Alverson v. Northwestern National Casualty Co.South Dakota Supreme Court · 1997
  2. Assurance Company of America, a Maryland Corporation v. Wall & Associates LLC of Olympia, a Washington CorporationCourt of Appeals for the Ninth Circuit · 2004
  3. Gloe v. Union Insurance Co.South Dakota Supreme Court · 2005
  4. Doheny West Homeowners' Ass'n v. Am. Guarantee & Liab. Ins. Co.California Court of Appeal · 1997
  5. Royal Indemnity Co. v. GrunbergAppellate Division of the Supreme Court of the State of New York · 1990

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3Cited by6 opinions

  1. Cornelius v. National Casualty Co.South Dakota Supreme Court · 2012
  2. Equinox on the Battenkill Management Assn., Inc. v. Philadelphia Indemnity Ins. Co.Supreme Court of Vermont · 2015
  3. KAAPA Ethanol, LLC v. Affiliated FM InsuranceCourt of Appeals for the Eighth Circuit · 2011
  4. Equinox on the Battenkill Management Assn., Inc. v. Philadelphia Indemnity Ins. Co.Supreme Court of Vermont · 2015
  5. Papousek v. De Smet Farm Mutual Insurance Co. of South DakotaSouth Dakota Supreme Court · 2016

1 more not listed; retrieve them via the Exa API.

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