Legal Opinion

Fedderson v. Columbia Insurance Group

South Dakota Supreme Court

Decided December 19, 2012No. 26327PublishedCited by 2 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] Columbia Insurance Group (Columbia) insured Ila and Gary Pedderson’s business, Whiskey Flow Dining and Minor Alley (Whiskey Flow). After Whiskey Flow was destroyed by fire, Ila and Gary submitted a sworn proof of loss statement. Gary was later convicted of conspiracy to commit arson and insurance fraud in connection with the fire. Because Gary made misrepresentations and committed fraud in submitting the proof of loss statement, Columbia declined to pay Ila benefits. Columbia relied on a condition that voided the policy for fraud or misrepresentation by any insured. Ila…

2Cases cited31 opinions

  1. Steigler v. Insurance Co. of North AmericaSupreme Court of Delaware · 1978
  2. Morgan v. Cincinnati InsuranceMichigan Supreme Court · 1981
  3. Bordeaux v. Shannon County SchoolsSouth Dakota Supreme Court · 2005
  4. Fiorangelo Spezialetti and Lorraine Spezialetti, Husband and Wife, D/B/A Spezi's Lorraine Spezialetti v. Pacific Employers Insurance CompanyCourt of Appeals for the Third Circuit · 1985
  5. Wilburt Sales, Jr., Janice T. Sales, Cross-Appellants v. State Farm Fire and Casualty Company, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1988

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3Cited by2 opinions

  1. Parris v. City of Rapid CitySouth Dakota Supreme Court · 2013
  2. Voeller v. HSBC Card Services, Inc.South Dakota Supreme Court · 2013

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