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COLE v. WELLMARK OF SOUTH DAKOTA, INC.

No. 25162.

776 N.W.2d 240 (2009)

2009 SD 108

Dellas COLE and Margie Cole, Plaintiffs and Appellants, v. WELLMARK OF SOUTH DAKOTA, INC. and Della Tschetter Insurance, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 9, 2009.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr. of Nasser Law Offices, PC, Sioux Falls, South Dakota, Attorney for plaintiffs and appellants.

Justin G. Smith, Kristine L. Kreiter O'Connell of Woods, Fuller, Shultz and Smith, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee Wellmark.

Timothy M. Gebhart, Thomas M. Frankman of Davenport, Evans, Hurwitz and Smith, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee Della Tschetter Insurance.

GILBERTSON, Chief Justice.

[¶ 1.] Dellas Cole (Dellas) and Margie Cole (Margie) submitted an application for health insurance coverage to Wellmark of South Dakota, Inc. (Wellmark). Della Tschetter (Tschetter), an independent insurance agent, assisted Coles with the application process. Wellmark claimed it mailed riders for exclusions to Coles at their home address. It further claimed it denied Coles' application when they failed to return signed riders as requested...

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