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O'NEILL v. BLUE CROSS OF WESTERN IOWA & S.D.

Nos. 14591, 14593.

366 N.W.2d 816 (1985)

Charles O'NEILL, Jr., Individually and as Guardian Ad Litem for Sherri O'Neill, A Minor, Plaintiff and Appellee, v. The BLUE CROSS OF WESTERN IOWA AND SOUTH DAKOTA, An Insurance Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 17, 1985.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr., Sioux Falls, for plaintiff and appellee.

Gary P. Thimsen of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant.

WUEST, Acting Justice.

This appeal involves an action for a money judgment under a health insurance policy. The trial court upheld coverage, granting summary judgment against appellant Blue Cross of Western Iowa and South Dakota (Blue Cross) therein. The court also granted summary judgment against appellee Charles O'Neill (O'Neill), dismissing his counterclaim for punitive damages. A trial was held on the issue of specific performance of a conversion clause converting...

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