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BIEGLER v. AMERICAN FAMILY MUT. INS. CO.

No. 21286.

621 N.W.2d 592 (2001)

2001 SD 13

Rick BIEGLER, Plaintiff and Appellee, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 24, 2001.

Attorney(s) appearing for the Case

Lee Schoenbeck and John W. Burke of Schoenbeck Law Office, Watertown, SD, Attorneys for plaintiff and appellee.

Chester A. Groseclose, Jr. of Richardson, Groseclose, Wyly, Wise & Sauck, Aberdeen, SD, Attorneys for defendant and appellant.

JOHNS, Circuit Judge.

[¶ 1.] American Family Insurance Company (American Family) appeals from a money judgment awarding Rick Biegler (Biegler) damages for breach of an insurance contract, compensatory and punitive damages for deceit/bad faith breach of the insurance contract, and attorney fees per SDCL 58-12-3. We affirm but remand with instructions.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] In February 1996, S & R Food Mart (S & R),...

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