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OCHS v. NORTHWESTERN NAT. LIFE INS. CO.

No. 11822.

254 N.W.2d 163 (1977)

Joe OCHS, Plaintiff and Appellant, v. NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY, and Time Insurance Company, and ITT Midwestern Life Insurance Corporation, Defendants and Respondents.

Supreme Court of South Dakota.

May 26, 1977.

Attorney(s) appearing for the Case

Gale E. Fisher of May, Johnson & Burke, Sioux Falls, for plaintiff and appellant.

John E. Simko of Woods, Fuller, Shultz & Smith, Steven W. Sanford of Braithwaite & Cadwell, Sioux Falls, for defendants and respondents.

WOLLMAN, Justice.

On February 25, 1974, plaintiff commenced separate actions against Northwestern National Life Insurance Company (Northwestern), Time Insurance Company (Time), and ITT Midwestern Life Insurance Corporation (ITT), alleging that defendants had refused to make payments under certain disability policies issued to plaintiff. The complaint further alleged that said refusal on the part of defendants was vexatious and/or without reasonable cause. All three...

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