Legal Opinion
All Nation Insurance Co. v. Brown
South Dakota Supreme Court
Decided February 20, 1985No. 14634PublishedCited by 15 opinions
1Opinion of the Court
WUEST, Acting Justice.
This is an appeal from an award of attorney fees, pursuant to SDCL 58-12-3. We reverse.
The case was before this court previously in All Nation Ins. Co. v. Brown, 344 N.W.2d 493 (S.D.1984). In that decision, we held that attorney fees may be recovered by the insured in a declaratory judgment proceeding brought by the insurer to determine coverage, providing the insurer’s actions were “vexatious or without reasonable cause,” as provided in SDCL 58-12-3, which states:
In all actions or proceedings hereafter commenced against any insurance company, including any reciprocal or…
2Cases cited9 opinions
- Tracy v. T & B CONSTRUCTION COMPANYSouth Dakota Supreme Court · 1970
- Wilson v. Allstate Insurance CompanySouth Dakota Supreme Court · 1971
- Taylor Oil Co. v. WeisenseeSouth Dakota Supreme Court · 1983
- Pope v. BrownSouth Dakota Supreme Court · 1984
- Paul S. Taylor, D/B/A Taylor Towing Service v. Commercial Union Insurance Company, a CorporationCourt of Appeals for the Eighth Circuit · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rumpza v. Donalar Enterprises, Inc.South Dakota Supreme Court · 1998
- American Family Mutual Insurance Co. v. MerrillSouth Dakota Supreme Court · 1990
- Hot Stuff Foods, LLC v. Houston Casualty CompanyCourt of Appeals for the Eighth Circuit · 2014
- Firemen's Insurance Company of Newark v. Bauer Dental Studio, Inc. And Dailey Dental, Inc.Court of Appeals for the Eighth Circuit · 1986
- O'Neill v. Blue Cross of Western Iowa & South DakotaSouth Dakota Supreme Court · 1985
10 more not listed; retrieve them via the Exa API.