McKinney v. Pioneer Life Insurance Co.

MILLER, Chief Justice.

This is an appeal from a summary judgment in favor of Pioneer Life Insurance Company (Pioneer) in an action against it for policy proceeds, “emotional strain” and punitive damages. We reverse.

FACTS

Floyd and Una McKinney of Miller, South Dakota, brought this action against Pioneer seeking, among other things, money which they claimed was owed to them under a “long-term-care” insurance policy. Pioneer, which apparently has never answered the complaint, 1 moved for summary judgment on the basis of the preexisting condition limitation in the policy. The trial court granted…