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PHEN v. PROGRESSIVE NORTHERN INS. CO.

No. 22648.

672 N.W.2d 52 (2003)

2003 SD 133

Connie PHEN, Plaintiff and Appellee, v. PROGRESSIVE NORTHERN INSURANCE COMPANY d/b/a Progressive Insurance Company, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 12, 2003.

Attorney(s) appearing for the Case

Matthew T. Tobin, Steven M. Johnson of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, for plaintiff and appellee.

William A. May of Costello, Porter, Hill, Heisterkamp, Bushnell and Carpenter, Rapid City, for defendant and appellant.

SABERS, Justice.

[¶ 1.] Connie Phen made a claim against an uninsured motorist provision in her contract of insurance with Progressive Northern Insurance Company (Progressive). Progressive denied the claim and Phen brought suit to force payment of the claim. Phen also alleged that Progressive acted in bad faith when it denied her claim. After hearing cross motions for summary judgment, the circuit court granted 1) Phen's motion and directed Progressive to pay...

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