BERTELSEN v. ALLSTATE INS. CO.

No. 26442.

833 N.W.2d 545 (2013)

2013 S.D. 44

Bonnie J. BERTELSEN, Plaintiff and Appellee, v. ALLSTATE INSURANCE COMPANY, An Insurance Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 12, 2013.


Attorney(s) appearing for the Case

Michael W. Strain of Morman Law Firm, Sturgis, South Dakota and Paul T. Barnett , Scott G. Hoy , James L. Hoy of Hoy Trial Lawyers, Prof., LLC, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

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


ZINTER, Justice.

[¶ 1.] Bonnie Bertelsen sued Allstate Insurance Company for breach of contract and bad faith arising out of Allstate's failure to timely pay medical benefits under Bertelsen's personal automobile insurance policy. On the breach of contract claim, the circuit court granted a judgment as a matter of law for $33,000. On the bad faith claim, the jury awarded $150,000 in compensatory damages and $1,500,000 in punitive damages. Allstate appeals. We...

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