Legal Opinion

Harter v. Plains Ins. Co., Inc.

South Dakota Supreme Court

Decided June 10, 1998No. NonePublishedCited by 36 opinions

1Opinion of the Court

SABERS, Justice.

[¶ 1.] Insured sued Insurer, claiming it acted in bad faith by failing to tender the policy limits of her underinsured motorist policy. The jury awarded Insured $25,000 in compensatory damages and $75,000 in punitive damages. Insurer appeals the trial court’s denial of its motions for new trial and judgment notwithstanding the verdict. We affirm.

FACTS

[¶ 2.] Cynthia Harter was injured in a traffic accident caused by Jacki Hollingsworth in 1989. Prior to the accident, Harter purchased underinsured motorist coverage from Plains Insurance Co., Inc. (Plains). Underin-sured motorist…

2Cases cited17 opinions

  1. Schmidt v. ClothierSupreme Court of Minnesota · 1983
  2. Isaac v. State Farm Mutual Automobile Insurance Co.South Dakota Supreme Court · 1994
  3. City of Colton v. SchwebachSouth Dakota Supreme Court · 1997
  4. Kjerstad v. Ravellette Publications, Inc.South Dakota Supreme Court · 1994
  5. Smithson v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1991

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

3Cited by36 opinions

  1. Diesel MacHinery, Inc. v. B.R. Lee Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
  2. Biegler v. American Family Mutual Insurance Co.South Dakota Supreme Court · 2001
  3. First Premier Bank v. Kolcraft Enterprises, Inc.South Dakota Supreme Court · 2004
  4. Bertelsen v. Allstate Insurance Co.South Dakota Supreme Court · 2011
  5. Daniel Athey v. Farmers Insurance Exchangeillinois Farmers Insurance CompanyCourt of Appeals for the Eighth Circuit · 2000

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

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