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KERN v. PROGRESSIVE NORTHERN INS. CO.

No. 27521.

883 N.W.2d 511 (2016)

2016 S.D. 52

Troy KERN, Plaintiff and Appellant, v. PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 20, 2016.

Attorney(s) appearing for the Case

Charles Abourezk , Jon J. Lafleur of Abourezk, Zephier & LaFleur, P.C., Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Mark J. Arndt of May & Johnson, P.C., Sioux Falls, South Dakota, Attorneys for defendant and appellee.

[¶ 1.] Troy Kern was involved in a rear-end collision in 2005. The other driver was at fault but did not have sufficient insurance to cover Kern's injuries. Kern thus filed an underinsured motorist claim with his insurance provider, Progressive. After months of unsuccessful negotiations, Kern sued Progressive for...

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