Legal Opinion
Harms v. Cigna Insurance Companies
District Court, D. South Dakota
Decided March 13, 2006No. Civ. 05-5059-KESPublishedCited by 13 opinions
1Opinion of the Court
ORDER DENYING MOTION TO DISMISS
SCHREIER, Chief Judge.
Stacy Mettler Harms filed a complaint against Cigna Insurance Companies (Cig-na) asserting claims for bad faith and deceptive trade practices and seeking compensatory and punitive damages. Cigna moves to dismiss contending that Harms’s failure to list the bad faith cause of action as an asset in her bankruptcy proceeding bars her from asserting the claim now. Alternatively, Cigna contends that the bad faith and deceptive trade practices claims are time barred. Harms opposes the motion. The motion to dismiss is denied.
BACKGROUND
On December…
2Cases cited30 opinions
- Crisci v. Security InsuranceCalifornia Supreme Court · 1967
- Isaac v. State Farm Mutual Automobile Insurance Co.South Dakota Supreme Court · 1994
- Monterey Development Corporation v. Lawyer's Title Insurance CorporationCourt of Appeals for the Eighth Circuit · 1993
- Kunkel v. United Security Ins. Co. of New JerseySouth Dakota Supreme Court · 1969
- Morgan v. BaldwinSouth Dakota Supreme Court · 1990
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Tovares v. Gallagher Bassett Servs., Inc.United States District Court · 2019
- Equal Employment Opportunity Commission v. Merchants State BankDistrict Court, D. South Dakota · 2008
- Aurelio Rivera Figueroa v. Operating Partners Co LLC; et al.United States Bankruptcy Court, D. Puerto Rico · 2018
- Ball v. Federal Insurance CompanyDistrict Court, D. South Dakota · 2019
- Ball v. Federal Insurance CompanyDistrict Court, D. South Dakota · 2019
8 more not listed; retrieve them via the Exa API.