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NIELSEN v. BOOS

Nos. 19955, 19958.

571 N.W.2d 653 (1997)

1997 SD 117

Donald NIELSEN, Plaintiff and Appellee, v. George BOOS, Individually, Boos & Boos, a Partnership, Capital Insurance Group, Inc., n/d/b/a First Auto & Casualty Ins. Co., a Wisconsin Corporation, Petitioners and Appellants.

Supreme Court of South Dakota.

Decided October 8, 1997.

Attorney(s) appearing for the Case

Steven M. Johnson, Mark F. Marshall of Johnson, Heidepriem, Miner & Marlow, John R. Hughes of Hughes & Landon, Sioux Falls, for plaintiff and appellee.

Edwin E. Evans, Melissa C. Hinton of Davenport, Evans, Hurwitz & Smith, L.L.P., Sioux Falls, for appellants Boos.

Reed Rasmussen of Siegel, Barnett & Schutz, Aberdeen, for appellant Capital Insurance.

KONENKAMP, Justice.

[¶ 1.] To determine proper venue, we must decide whether a complaint alleging bad faith refusal to settle within policy limits is an action in tort or indemnity. Donald Nielsen, a resident of Deuel County, brought suit in Minnehaha County against his insurance carrier and former attorney, seeking to recover damages after a verdict against him in excess of policy limits. Defendants moved to change...

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