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THU v. AMERICAN FAMILY INS. CO.

No. 12524.

292 N.W.2d 109 (1980)

Russell A. THU, Plaintiff and Appellee, v. AMERICAN FAMILY INSURANCE CO., Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 7, 1980.

Attorney(s) appearing for the Case

John E. Burke, Sioux Falls, for plaintiff and appellee; John N. Gridley, III of Gridley, Nasser & Arneson, Sioux Falls, on the brief.

Edwin E. Evans of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.

WOLLMAN, Chief Justice.

Plaintiff sued appellant for money allegedly due him under a health insurance policy, for punitive damages, and for attorney's fees. The trial court directed a verdict in favor of plaintiff on the issue of appellant's liability on the policy and submitted the issue of punitive damages to the jury, which returned a verdict in the amount of $8,000. The trial court thereafter granted plaintiff's application for $1,000 attorney's fees. We reverse...

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