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Date: 03-19-2024
Case Style:
Case Number: 4:20-cv-04061
Judge: Karen E. Schreier
Court: United States District Court for the District of South Dakota (Pennington County)
Plaintiff's Attorney: Michael J. Simpson - 605-71-1000, Sara E. Show and Scott A. Abdallash - 605-338-4304, Shannon R. Falon - 605-215-0915
Defendant's Attorney: Rapid City, South Dakota insurance defense lawyer represented the Defendant.
Description: Rapid City, South Dakota insurance law lawyers represented the Plaintiff who sued on a bad faith breach of insurance contract theory.
"South Dakota recognizes insurance bad faith. As explained by the Supreme Court of South Dakota, “[a] cause of action against an insurance company for bad faith failure to pay a claim is recognized in South Dakota.” Stene v. State Farm Mut. Auto. Ins. Co., 1998 S.D. 95, ¶ 19, 583 N.W.2d 399, 403 (internal citations omitted). Additionally, in South Dakota, “[a]n insurer’s violation of its duty of good faith and fair dealing constitutes a tort, even though it is also a breach of contract.” Id."
Outcome: 03/19/2024 136 PROPOSED ORDER by Liberty Mutual Insurance Company re 135 MOTION to DISMISS (Hieb, Jack) (Entered: 03/19/2024)
03/19/2024 137 JUDGMENT OF DISMISSAL Signed by U.S. District Judge Karen E. Schreier on 03/19/2024. (SAC) (Entered: 03/19/2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: