Legal Opinion
Bertelsen v. Allstate Insurance Co.
South Dakota Supreme Court
Decided April 6, 2011No. 25647PublishedCited by 56 opinions
1Opinion of the Court
SEVERSON, Justice.
[¶ 1.] Paul and Bonnie Bertelsen brought this action against Allstate Insurance Company for breach of contract and bad faith arising out of Allstate’s failure to pay medical benefits under the Bertelsens’ personal automobile insurance policy. On cross-motions for summary judgment, the trial court dismissed their complaint. The Bertelsens appealed, and this Court reversed and remanded for trial. After a five-day jury trial, the trial court did not submit the Bertelsens’ punitive damages claim to the jury. The jury ultimately returned a verdict awarding the Bertel-sens $33,000…
2Cases cited68 opinions
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
- Hearn v. RhayDistrict Court, E.D. Washington · 1975
- In Re Claus Von Bulow, Martha Von Bulow, by Her Next Friends Alexander Auersperg, and Annie Laurie Auersperg-Kneissl v. Claus Von BulowCourt of Appeals for the Second Circuit · 1987
- Rhone-Poulenc Rorer Inc. And Armour Pharmaceutical Company v. The Home Indemnity Company, a New Hampshire Corporation v. Aetna Casualty & Surety Insurance Aiu Insurance Company American Centennial Insurance Company Birmingham Fire Insurance Company First State Insurance Company Granite State Insurance Company Hartford Insurance Company Insco, Limited Insurance Company of Pennsylvania Lexington Insurance Company Manhattan Fire & Marine Insurance Company Motor Vehicle Casualty Company Old Republic Insurance Company Pantry Pride Inc. Promethean Insurance, Ltd. Prudential Reinsurance Company Puritan Insurance Company Revlon Inc. Twin City Insurance Company London Market Co. John Barrington Hume, as Representative of Underwriters at Lloyds Insurance Company of North America National Union Fire Insurance Company of Pittsburgh, Pennsylvania All City Insurance Company Employer's Mutual Casualty Gibralter Casualty Company Landmark Insurance Company New England Insurance Company Royal Insurance Company Republic Insurance Company International Insurance Company Pacific Insurance Company, Ltd. Atlanta International Insurance Company Century Indemnity Company Liberty Mutual Insurance Company Transport Insurance Company Midland Insurance Company Integrity Insurance Company Union Indemnity Insurance Transit Casualty Company City Insurance Company Drake Insurance Company Excess Insurance Company Home Insurance Company Pacific Employer's Insurance Company Royal Indemnity Company Zurich International Insurance Company Henrijean Illinois National Insurance Company North Star Reinsurance Company and National Casualty Insurance Company, and the Honorable James McGirr Kelly, United States District Judge for the Eastern District of Pennsylvania, Nominal Morgan, Lewis & Bockius Reed Smith Shaw & McClay Shanley & Fisher, P.C. Hughes Hubbard & Reed Montgomery McCracken Walker & Rhoads Skadden Arps Slate Meagher & Flom and Coopers & Lybrand, Intervenors in Support of Rhone-Poulenc Rorer Inc. And Armour Pharmaceutical Company v. The Home Indemnity Company, a New Hampshire Corporation v. Aetna Casualty & Surety Insurance Aiu Insurance Company American Centennial Insurance Company Birmingham Fire Insurance Company Transportation Insurance Company First State Insurance Company Granite State Insurance Company Hartford Insurance Company Illinois National Insurance Co. Insco, Ltd. Insurance Company of the State of Pennsylvania Lexington Insurance Company Manhattan Fire & Marine Insurance Company Motor Vehicle Casualty Company National Union Fire Insurance Company of Pittsburgh, Pa New England Reinsurance Company New Hampshire Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pantry Pride, Inc. Promethean Insurance, Ltd. Prudential Reinsurance Company Puritan Insurance Company Revlon, Inc. Twin City Insurance Company the London Market Companies and John Barrington Hume, a Representative of Underwriters at Lloyds of London and Revlon, Inc. v. City Insurance Company Drake Insurance Company Excess Insurance Company Henrijean the Home Insurance Company Pacific Employer's Insurance Company Royal Indemnity Company Zurich International Insurance Company Insurance Company of North America National Union Fire Insurance of Pittsburgh, Pa All City Insurance Company Employers Mutual Casualty Company Gibralter Casualty Company Landmark Insurance Company New England Insurance Company Royal Insurance Company Republic Insurance Company International Insurance Company Pacific Insurance Company, Ltd. Atlanta International Insurance Co. Century Indemnity Company Liberty Mutual Insurance Company Transportation Insurance Company Midland Insurance Company Pacific Insurance Company, Ltd. Atlanta Insurance Company Ltd. Century Indemnity Company Liberty Mutual Insurance Midland Insurance Company Integrity Insurance Company Union Indemnity Insurance Company Transit Casualty Company Royal Insurance Company Royal Indemnity Company New England Insurance Company Insurance Company of North America North Star Reinsurance Company and National Casualty Insurance Company, Morgan, Lewis & Bockius Reed Smith Shaw & McClay Shanley & Fisher, P.C. Hughes Hubbard & Reed Montgomery McCracken Walker & Rhoads Skadden Arps Slate Meagher & Flom and Coopers & Lybrand, Intervenors-AppellantsCourt of Appeals for the First Circuit · 1994
- Tackett v. State Farm Fire & Casualty Insurance Co.Supreme Court of Delaware · 1995
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3Cited by56 opinions
- Bertelsen v. Allstate Insurance Co.South Dakota Supreme Court · 2013
- Andrews v. Ridco & Twin City Fire Ins. Co.South Dakota Supreme Court · 2015
- In re Itron, Inc.Court of Appeals for the Fifth Circuit · 2018
- Zochert v. Protective Life Ins. Co.South Dakota Supreme Court · 2018
- Fix v. First State Bank of RoscoeSouth Dakota Supreme Court · 2011
51 more not listed; retrieve them via the Exa API.