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McELGUNN v. CUNA MUT. INS. SOC.

No. Civ. 06-5061-KES.

700 F.Supp.2d 1141 (2010)

Sharon McELGUNN, as personal representative of the estate of Teri Powell, Plaintiff, v. CUNA MUTUAL INSURANCE SOCIETY, Defendant.

United States District Court, D. South Dakota, Western Division.

March 22, 2010.

Attorney(s) appearing for the Case

Alicia D. Garcia, Michael Charles Abourezk, Abourezk Law Firm, Rapid City, SD, for Plaintiff.

Conrad C. Nowak, Evan D. Brown, Jennifer K. Gust, Jim Hofert, Linnea L. Schramm, Hinshaw & Culbertson LLP, Chicago, IL, Donald A. Porter, Phillip R. Stiles, Thomas H. Barnes, Costello Porter Hill Heisterkamp Bushnell & Carpenter, Rapid City, SD, for Defendant.

MEMORANDUM OPINION AND ORDER

KAREN E. SCHREIER, Chief Judge.

Defendant, Cuna Mutual Insurance Society, moves for a new trial, or in the alternative, a remittitur of the compensatory damages award and a reduction of the punitive damages award. Plaintiff, Sharon McElgunn, as personal representative of the estate of Teri Powell, resists defendant's motion.

BACKGROUND

Teri Powell purchased a credit disability insurance policy from defendant...

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