Legal Opinion · Dissent

Dairyland Insurance Co. v. Wyant

South Dakota Supreme Court

Decided September 4, 1991No. 17412Published

1DissentHenderson, Justice

Insurance company knew that Appellee Wyant’s driving record was bad. This record consisted of previous DWI convictions. Knowing this, insurance company issued her policy and adjusted her rates upward. She was a “high-risk” driver and insurance company knew it. This insurance company solicited “high-risk” insurance clients, clients who had been involved in alcohol related accidents. Insurance company actually bargained for, and assessed the risk of claims made against these high risk drivers. It begot high premiums to place in its corporation coffers.

Reasoning that “the fine print did not take…

2Cases cited11 opinions

  1. Bergholm v. Peoria Life Ins. Co.Supreme Court of the United States · 1932
  2. Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
  3. Brown v. MaxeyWisconsin Supreme Court · 1985
  4. Skyline Harvestore Systems, Inc. v. Centennial Insurance Co.Supreme Court of Iowa · 1983
  5. McGriff v. United States Fire Insurance Co.South Dakota Supreme Court · 1989

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