Legal Opinion
Berry v. Time Insurance
District Court, D. South Dakota
Decided June 28, 2011No. CIV. 11-4018-KESPublishedCited by 7 opinions
1Opinion of the Court
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS
KAREN E. SCHREIER, Chief Judge.
Plaintiff, Shirley M. Berry, asserts breach of contract and bad faith claims against defendants, Time Insurance Company (Time) and John Hancock Life Insurance Company (Hancock), and seeks punitive damages and attorney’s fees. Time and Hancock jointly move to dismiss Berry’s claims. Berry resists the motion. The motion is denied.
BACKGROUND
In the light most favorable to Berry, the nonmoving party, the pertinent facts to this order are as follows:
Berry purchased a Nursing Home Insurance Policy (the policy) from Time on or…
2Cases cited26 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
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- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
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3Cited by7 opinions
- O'neill v. O'neillSouth Dakota Supreme Court · 2016
- Dziadek v. Charter Oak Fire Insurance Co.District Court, D. South Dakota · 2016
- Lead GHR Enters., Inc. v. Am. States Ins. Co.United States District Court · 2019
- Emery v. PJH Companies, Inc.District Court, D. South Dakota · 2019
- Hollow Horn v. Firstcomp Insurance CompanyDistrict Court, D. South Dakota · 2021
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