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BERTELSEN v. ALLSTATE INS. CO.

No. 24987.

764 N.W.2d 495 (2009)

2009 SD 21

Bonnie J. BERTELSEN and Paul D. Bertelsen, husband and wife, Plaintiffs and Appellants, v. ALLSTATE INSURANCE COMPANY, an Insurance Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 1, 2009.

Attorney(s) appearing for the Case

Paul T. Barnett, James L. Hoy of Hoy Trial Lawyers, Prof., LLC, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Mark F. Marshall, Eric C. Schulte of Davenport, Evans, Hurwitz & Smith, LLC, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Paul D. Bertelsen and Bonnie J. Bertelsen sued Allstate Insurance Co. for breach of contract and bad faith arising out of Allstate's failure to pay medical benefits under Bertelsens' personal automobile insurance policy. On cross-motions for summary judgment, the circuit court dismissed the complaint. Bertelsens appeal. We reverse.

Facts and Procedural History

[¶ 2.] Bonnie Bertelsen worked as an in-home registered...

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