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A. UNRUH CHIROPRACTIC v. DE SMET INS. CO.

No. 25403.

782 N.W.2d 367 (2010)

2010 SD 36

A. UNRUH CHIROPRACTIC CLINIC, Plaintiff and Appellee, v. DE SMET INSURANCE COMPANY OF SOUTH DAKOTA, Defendant and Appellant, and DE Smet Insurance Company of South Dakota, Third-Party Plaintiff and Appellant, v. Henry Lentsch and Dorothy Lentsch, Third-Party Defendants.

Supreme Court of South Dakota.

Decided May 5, 2010.

Attorney(s) appearing for the Case

James R. Even, Sioux Falls, South Dakota, Attorney for plaintiff and appellee.

Larry M. Von Wald of Beardsley, Jensen and Von Wald, Prof. LLC, Rapid City, South Dakota, Attorneys for defendant, third-party plaintiff and appellant.

ZINTER, Justice.

[¶ 1.] In the course of providing treatment, Unruh Chiropractic Clinic (Unruh) obtained assignments of proceeds of personal injury claims from two patients. The patients' claims arose out of injuries they sustained in an automobile accident involving a negligent driver insured by De Smet Insurance Company (De Smet). Although Unruh gave De Smet notice of the assignments, De Smet settled the claims on behalf of its insured without paying the proceeds...

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