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South Dakota landscaper sues insurance provider for breach of contract

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Kut and Kill Lawn Care has sued its insurance provider, claiming it breached insurance contracts by not properly investigating its claim.

Kut and Kill Lawn Care, a Sioux Falls, S.D.-based landscaping company is suing its insurance provider following a denied claim according to the Argus Leader in Sioux Falls.

In May, Kut and Kill made news after hundreds of lawns in Sioux Falls were burned following a chemical application gone wrong.

“What happened is that an employee made an honest mistake. It was purely by accident,” Tate Eining, owner of Kut and Kill told the Argus Leader in May.

United Fire, an Iowa-based insurance company, told Kut and Kill it would not cover the damages, leading to the lawsuit. Kut and Kill claims that United Fire did not investigate the claim properly before denying coverage.

Eining’s lawsuit, filed on June 24, claims United Fire breached the insurance contract by doing so.

Since the initial incident, Kut and Kill has seeded 250 of the 302 affected properties.

On July 1, the company suspended all mowing and fertilizer services due to staffing shortages and the fallout from the accident, according to the Argus Leader.

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