ST. PAUL FIRE & MARINE INS. CO. v. TOMAN

No. 14301.

351 N.W.2d 146 (1984)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff and Appellant, v. James T. TOMAN, Defendant and Appellee, and Van Collins, Defendant.

Supreme Court of South Dakota.

Decided July 3, 1984.


Attorney(s) appearing for the Case

Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant; Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee; Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, and Michael Strain, White River, on brief.


HERTZ, Circuit Judge.

Plaintiff-appellant St. Paul Fire and Marine Insurance Co., (Insurer) appeals from a declaratory judgment in favor of the defendant-appellee, James T. Toman (Toman). The judgment awarded Toman $28,000.00 under a valued policy issued by the insurer, together with prejudgment interest computed from September 26, 1981, the date of the fire. Insurer claims the trial court erred in the awarded judgment, and in the prejudgment interest calculation...

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