ALL NATION INS. CO. v. BROWN

No. 14080.

344 N.W.2d 493 (1984)

ALL NATION INSURANCE COMPANY, Plaintiff and Appellee, v. Jeffrey W. BROWN, Earl R. Brown & Elaine Brown, Defendants and Third Party Plaintiffs and Appellants, and Ronald D. LANGDON, Defendant, v. George E. VANDERLOO, Third Party Defendant.

Supreme Court of South Dakota.

Decided February 22, 1984.

Rehearing Denied March 30, 1984.


Attorney(s) appearing for the Case

Douglas M. Deibert of Cadwell, Sanford & Deibert, Sioux Falls, for plaintiff and appellee.

Thomas M. Frankman of Willy, Pruitt, Matthews, Farrell, Frankman & Johnson, Sioux Falls, for defendants and third party plaintiffs and appellants.


FOSHEIM, Chief Justice.

Jeffrey W. Brown (Brown), Earl R. Brown and Elaine Brown appeal a denial of attorneys fees which are available for an action against an insurer under SDCL 58-12-3. We reverse.

An automobile tort action was brought against Brown. Brown requested legal representation from his insurer, appellee All Nation Insurance Company (Company). The Company denied that Brown was insured but agreed to provide counsel for Brown until the coverage question...

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