Legal Opinion

Isaac v. State Farm Mutual Automobile Insurance Co.

South Dakota Supreme Court

Decided September 14, 1994No. 18389, 18396PublishedCited by 89 opinions

1Opinion of the Court

SABERS, Justice.

Following a jury trial in which the trial court instructed the jury as a matter of law that the worker’s compensation set-off provision was void as against public policy, jury awarded Insured damages in the amount of $445,000 — $100,000 under the policy, $325,-000 for bad faith, and $20,000 punitive. Insurer appeals. Insured cross-appeals. We affirm in part and reverse in part.

FACTS

On December 11, 1986, Edel Isaac (Isaac) purchased insurance from State Farm Mutual Automobile Insurance Company (State Farm) on a 1981 Dodge Omni. The policy provided for bodily injury liability…

2Cases cited31 opinions

  1. Anderson v. Continental InsuranceWisconsin Supreme Court · 1978
  2. Travelers Insurance Co. v. SavioSupreme Court of Colorado · 1985
  3. Dahl v. SittnerSouth Dakota Supreme Court · 1991
  4. Kunkel v. United Security Ins. Co. of New JerseySouth Dakota Supreme Court · 1969
  5. Flockhart v. WyantSouth Dakota Supreme Court · 1991

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

3Cited by89 opinions

  1. Diesel MacHinery, Inc. v. B.R. Lee Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
  2. Walz v. Fireman's Fund Insurance Co.South Dakota Supreme Court · 1996
  3. De Smet Insurance Co. of South Dakota v. GibsonSouth Dakota Supreme Court · 1996
  4. Dakota, Minnesota & Eastern Railroad v. AcuitySouth Dakota Supreme Court · 2009
  5. Biegler v. American Family Mutual Insurance Co.South Dakota Supreme Court · 2001

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

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