Legal Opinion

Kern v. Progressive Northern Insurance Co.

South Dakota Supreme Court

Decided July 20, 2016No. 27521PublishedCited by 3 opinions

1Opinion of the Court

GILBERTSON, Chief Justice..

[¶ 1.] Troy Kern was involved in a rear-end collision in 2005. The other driver was at fault but did not have sufficient insurance to cover Kern’s injuries. Kern thus filed an underinsured motorist claim with his insurance provider, Progressive. After months of unsuccessful negotiations, Kern sued Progressive for bad faith alleging that its settlement offers had been intentionally inadequate. He also sued for unpaid underinsured motorist (UIM) benefits. A jury subsequently awarded Kern $18,650 in UIM benefits but did not find that Progressive acted in bad faith.…

2Cases cited14 opinions

  1. Isaac v. State Farm Mutual Automobile Insurance Co.South Dakota Supreme Court · 1994
  2. Crabb v. National Indemnity CompanySouth Dakota Supreme Court · 1973
  3. Woodruff v. StateSupreme Court of Minnesota · 2000
  4. Sawyer v. Farm Bureau Mutual Insurance Co.South Dakota Supreme Court · 2000
  5. Brooks v. Milbank Insurance Co.South Dakota Supreme Court · 2000

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

3Cited by3 opinions

  1. Lagler v. Menard, Inc.South Dakota Supreme Court · 2018
  2. Bruggeman v. RamosSouth Dakota Supreme Court · 2022
  3. Fiechtner v. American West Ins.South Dakota Supreme Court · 2025

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