Legal Opinion

Bertelsen v. Allstate Insurance Co.

South Dakota Supreme Court

Decided June 12, 2013No. 26442PublishedCited by 49 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] Bonnie Bertelsen sued Allstate Insurance Company for breach of contract and bad faith arising out of Allstate’s failure to timely pay medical benefits under Bertelsen’s personal automobile insurance policy. On the breach of contract claim, the circuit court granted a judgment as a matter of law for $33,000. On the bad faith claim, the jury awarded $150,000 in compensatory damages and $1,500,000 in punitive damages. Allstate appeals. We affirm in part, reverse in part, and remand for a new trial.

Facts and Procedural History

[¶ 2.] This case has been before us on two prior…

2Cases cited30 opinions

  1. Dahl v. SittnerSouth Dakota Supreme Court · 1991
  2. Isaac v. State Farm Mutual Automobile Insurance Co.South Dakota Supreme Court · 1994
  3. Kjerstad v. Ravellette Publications, Inc.South Dakota Supreme Court · 1994
  4. Walz v. Fireman's Fund Insurance Co.South Dakota Supreme Court · 1996
  5. Champion v. United States Fidelity & Guaranty Co.South Dakota Supreme Court · 1987

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3Cited by49 opinions

  1. State v. BirdsheadSouth Dakota Supreme Court · 2015
  2. Magner v. BrinkmanSouth Dakota Supreme Court · 2016
  3. State v. BariteauSouth Dakota Supreme Court · 2016
  4. Hot Stuff Foods, LLC v. Houston Casualty CompanyCourt of Appeals for the Eighth Circuit · 2014
  5. State v. DiazSouth Dakota Supreme Court · 2016

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

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