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BERTELSEN v. ALLSTATE INS. CO.

No. 25647.

796 N.W.2d 685 (2011)

2011 S.D. 13

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 6, 2011.

Attorney(s) appearing for the Case

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

Catherine M. Sabers , Thomas G. Fritz of Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, South Dakota, Attorneys for defendant and appellee.

SEVERSON, Justice.

[¶ 1.] Paul and Bonnie Bertelsen brought this action against Allstate Insurance Company for breach of contract and bad faith arising out of Allstate's failure to pay medical benefits under the Bertelsens' personal automobile insurance policy. On cross-motions for summary judgment, the trial court dismissed their complaint. The Bertelsens appealed, and this Court reversed and remanded for trial. After a five-day jury trial, the trial court did...

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