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ALL NATION INS. CO. v. BROWN

No. 14634.

363 N.W.2d 216 (1985)

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

Supreme Court of South Dakota.

Decided February 20, 1985.

Attorney(s) appearing for the Case

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

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

WUEST, Acting Justice.

This is an appeal from an award of attorney fees, pursuant to SDCL 58-12-3. We reverse.

The case was before this court previously in All Nation Ins. Co. v. Brown, 344 N.W.2d 493 (S.D.1984). In that decision, we held that attorney fees may be recovered by the insured in a declaratory judgment proceeding brought by the insurer to determine coverage, providing the insurer's actions were "vexatious...

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