HELMBOLT v. LeMARS MUT. INS. CO., INC.

Nos. 15290, 15292.

404 N.W.2d 55 (1987)

Merlin HELMBOLT, Ardis Olson and Eben Olson, Plaintiffs and Appellees, v. LeMARS MUTUAL INSURANCE COMPANY, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 15, 1987.


Attorney(s) appearing for the Case

David V. Vrooman, Sioux Falls, for plaintiffs and appellees.

Timothy J. McGreevy of Moore, Rasmussen, Kading & McGreevy, Sioux Falls, for defendant and appellant.


MILLER, Circuit Judge.

This is an appeal from a judgment entered on a jury verdict which awarded appellees Ardis and Eben Olson (Olsons) damages against appellant LeMars Insurance Company (LeMars) in an action for failure to attempt to make a good faith settlement of a claim within policy limits. We affirm in part and reverse in part.

FACTS

In February 1981, an automobile driven by Merlin Helmbolt (Helmbolt) crossed the center line and collided with...

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