Legal Opinion

McElgunn v. Cuna Mutual Insurance Society

District Court, D. South Dakota

Decided March 22, 2010No. CIV. 06-5061-KESPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

KAREN E. SCHREIER, Chief Judge.

Defendant, Cuna Mutual Insurance Society, moves for a new trial, or in the alternative, a remittitur of the compensatory damages award and a reduction of the punitive damages award. Plaintiff, Sharon McElgunn, as personal representative of the estate of Teri Powell, resists defendant’s motion.

BACKGROUND

Teri Powell purchased a credit disability insurance policy from defendant. Powell became disabled and filed a claim with defendant on January 29, 2006. The insurance policy set forth the deadline for filing a claim as follows: ‘You must…

2Cases cited54 opinions

BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
Greer v. MillerSupreme Court of the United States · 1987
Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
TXO Production Corp. v. Alliance Resources Corp.Supreme Court of the United States · 1993

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3Cited by2 opinions

McELGUNN v. CUNA MUT. INS. SOC.District Court, D. South Dakota · 2010
McKenzie v. Farmers Insurance ExchangeDistrict Court, D. South Dakota · 2017