Legal Opinion

Thu v. American Family Insurance Co.

South Dakota Supreme Court

Decided May 7, 1980No. 12524PublishedCited by 13 opinions

1Opinion of the Court

WOLLMAN, Chief Justice.

Plaintiff sued appellant for money allegedly due him under a health insurance policy, for punitive damages, and for attorney’s fees. The trial court directed a verdict in favor of plaintiff on the issue of appellant’s liability on the policy and submitted the issue of punitive damages to the jury, which returned a verdict in the amount of $8,000. The trial court thereafter granted plaintiff’s application for $1,000 attorney’s fees. We reverse and remand.

FACTS

In September of 1973, plaintiff met with one of appellant’s agents to purchase a health insurance policy.…

2Cases cited1 opinion

  1. Ochs v. Northwestern National Life Insurance Co.South Dakota Supreme Court · 1977

3Cited by13 opinions

  1. Nelson v. WEB Water Development Ass'n, Inc.South Dakota Supreme Court · 1993
  2. Champion v. United States Fidelity & Guaranty Co.South Dakota Supreme Court · 1987
  3. Matter of Cert. of a Question of LawSouth Dakota Supreme Court · 1987
  4. Monica Stoner v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Eighth Circuit · 1986
  5. O'Neill v. Blue Cross of Western Iowa & South DakotaSouth Dakota Supreme Court · 1985

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