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McGILL v. AMERICAN LIFE AND CASUALTY INS. CO.

No. 21247.

619 N.W.2d 874 (2000)

2000 SD 153

Michael J. McGILL, Conservator and Guardian for Bernice G.J. Thissell, Plaintiff and Appellant, v. AMERICAN LIFE AND CASUALTY INSURANCE COMPANY a/k/a Conseco Company, Dean Nordseth, and Ennis E. Lund, Defendants and Appellees, and James D. Thissell, Charles W. Thissell, and David R. Thissell, Defendants.

Supreme Court of South Dakota.

Reassigned October 17, 2000.

Decided December 13, 2000.

Attorney(s) appearing for the Case

Jonathan K. Van Patten, Vermillion, SD, Robert J. Burns, Burns Law Firm, Robert A. Christenson, Sioux Falls, SD, Attorneys for plaintiff and appellant.

Robert C. Riter, Jr., of Riter, Mayer, Hofer, Wattier & Brown, Pierre, SD, Steven K. Huffer of Huffer & Weathers, Indianapolis, IN, Attorneys for defendants and appellees American Life and Casualty Insurance Company.

John E. Simko of Woods, Fuller, Shultz & Smith, Sioux Falls, SD, Attorneys for defendant and appellee Ennis E. Lund.

GILBERTSON, Justice (on reassignment).

[¶ 1.] Michael J. McGill, as Conservator and Guardian for Bernice G.J. Thissell, sued American Life and Casualty Company and two of its agents for negligence, negligent misrepresentation, fraud, deceit, breach of fiduciary relationship and breach of contract. The circuit court granted summary judgment in favor of American Life, finding that as a matter of law, McGill's claims were barred by the statute of limitation. We...

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