Nielsen v. Boos

KONENKAMP, Justice.

[¶ 1.] To determine proper venue, we must decide whether a complaint alleging bad faith refusal to settle within policy limits is an action in tort or indemnity. Donald Nielsen, a resident of Deuel County, brought suit in Minnehaha County against his insurance carrier and former attorney, seeking to recover damages after a verdict against him in excess of policy limits. Defendants moved to change venue to Grant County, where they resided and conducted business. Concluding Nielsen had an indemnity claim, the circuit court transferred the case to Deuel County. We reverse and…