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

Civ. No. 88-4059.

727 F.Supp. 549 (1989)

Donald L. DAVIS, Richard L. Culbert, John B. Davis, Laura Davis Keppen, M. Diane Davis Davey, Daniel C. Davis, Douglas S. Culbert, Patricia A. Culbert and Gunhild M. Eldridge, Plaintiffs, v. The ST. PAUL FIRE & MARINE INSURANCE COMPANY, a corporation, Defendant.

United States District Court, D. South Dakota, S.D.

December 14, 1989.

Attorney(s) appearing for the Case

Curtis E. Wallum, Sioux Falls, S.D., for plaintiffs.

Bethany K. Culp, Oppenheimmer, Woff & Donnelly, St. Paul, Minn., Acie W. Matthews, Pruitt, Matthews & Muilenberg, Sioux Falls, S.D., for defendant.

MEMORANDUM OPINION and ORDER

JOHN B. JONES, District Judge.

FACTS

Culbert-Davis (C.D.) was an independent insurance agency which placed policies with St. Paul Fire & Marine Insurance Company (S.P.F.M.). On January 1, 1962, C.D. and S.P.F.M. entered into an agency incentive agreement that provided additional compensation to C.D. based on the relationship between the loss ratio of insurance placed by C.D. and the premium value of particular types...

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