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BROOKS v. MILBANK INS. CO.

Nos. 20830, 20854.

605 N.W.2d 173 (2000)

2000 SD 16

Kenneth A. BROOKS, Plaintiff and Appellant, v. MILBANK INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 2, 2000.

Attorney(s) appearing for the Case

John W. Burke of Schoenbeck Law Office, Webster, South Dakota, Attorney for plaintiff and appellant.

Michael J. Schaffer and Kristi Geisler Holm of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

JOHNS, Circuit Judge.

[¶ 1.] Kenneth Brooks appeals the trial court's dismissal of his action for bad faith refusal to pay an insurance claim, the denial of his motion to amend his complaint to reallege the bad faith action and the denial of his motion to reconsider the motion to amend.1 By notice of review, Milbank Insurance Company appeals the granting of attorney's fees for vexatious or unreasonable refusal to pay and the granting...

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