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South Dakota Supreme Court Reverses Dismissal of Bad Faith Insurance Lawsuit

Court Rules That Insurers Must Weigh Independent Medical Experts’ Opinions Against Conflicting Evidence
The South Dakota Supreme Court has reversed a circuit court’s dismissal of a worker’s lawsuit claiming Dakota Truck Underwriters and Risk Administration Services denied him workers’ compensation benefits in bad faith. The opinion, filed on September 28, 2016, concluded that an insurer cannot assume the truthfulness of a consulting medical expert’s report when deciding whether to deny coverage.
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Avada |October 21st, 2016|Insurance Claim Denied|0 Comments

Supreme Court Orders Insurance Coverage for Ranchers’ Claims

Court Reverses Local Insurance Company’s Denial Based on Company’s Narrow Definition of Drowning

The Supreme Court has reversed a lower court ruling that favored DeSmet Mutual Insurance Company in a claim brought by the Papousek family of Quinn, SD for cattle lost in the 2013 Winter Storm Atlas.  Atlas brought torrential rain and heavy snowstorms that killed more than 43,000 head of cattle in South Dakota.  DeSmet had sold Papouseks a policy promising to pay for drowned cattle.  When the Papouseks lost 93 yearling heifers in the storm, worth $3,000 a head, a doctor of veterinary medicine concluded the cattle “absolutely died due to drowning.”  DeSmet, however, refused to pay.
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Avada |October 18th, 2016|Insurance Claim Denied|0 Comments

Not at Fault? Here’s What You Can Ask for in a Car Accident Settlement

If you were involved in car accident and it is determined that it was someone else’s fault, their insurance company should reimburse you for all of the expenses relating to the accident, including medical bills, lost earnings, property damage, emotional distress, and more.
After the initial shock of being in a car accident where you are not at fault, it’s time to figure out how to get the compensation you deserve for your damages, losses, and injuries. The question of, “what should I ask for in a car accident settlement?” can lead to the complex task of figuring out the present and future impact on your financial, physical, and mental well-being. An experienced South Dakota car accident attorney can help you protect yourself and your family by ensuring you are fully compensated for every part of your life that has been affected. Knowing what you are entitled to, what insurance applies, and the procedures involved in a car accident lawsuit settlement allows you to proceed with confidence and avoid being intimidated by the insurance company.
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Avada |September 8th, 2016|Car Accidents, Personal Injury|0 Comments

Jury Verdict in Against Insurance Company for Nearly $4 Million for Deceit

Travelers Indemnity Co. Willfully Misled Plaintiff on Policy Coverage
WATERTOWN, SD. – After experiencing catastrophic injuries in a car accident, Laura Dziadek was informed by Charter Oak Fire Insurance, which is owned by Travelers Indemnity Co., that she was not insured or covered under the policy when in fact she was covered. The insurance company’s behavior prompted a federal jury to order Travelers to pay Dziadek compensation for denying her insurance claim and making her live without $900,000 she was entitled to under the policy, as well as punitive damages.
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Avada |August 9th, 2016|Insurance Bad Faith|0 Comments

The 4 Phases of Filing a Wrongful Death Lawsuit After Losing a Loved One

A wrongful death lawsuit claim can provide you and your family with financial relief and a sense of justice for the loss of your loved one.
When you suffer the loss of a loved one due to someone’s carelessness, negligence, or intentional actions, your friends, relatives, or co-workers may encourage you to consider a wrongful death lawsuit claim. South Dakota wrongful death law provides certain family members the right to recover financial compensation for funeral expenses, future financial support, and intangible losses like the loss of guidance, companionship, and emotional support resulting from a loved one’s death. Whether you lost a loved one to medical malpractice that occurred at a hospital or nursing home or to a drunk driver in a car accident, you have the right to file a wrongful death lawsuit claim in South Dakota. Knowing how to file a wrongful death lawsuit in South Dakota and the process that follows will help you prepare you for negotiations, settlement discussions, or trials that lie ahead. […]

Avada |July 29th, 2016|Lost a Loved One|0 Comments

How Standing Up to Insurance Companies Leads to Settlement Negotiation

It is in your best interest to speak to a South Dakota insurance bad faith attorney to help you negotiate a settlement if you feel your insurance company has not treated you fairly.

Insurance companies sometimes count on the fact that you probably do not know or understand all the details of your policy. This does not necessarily mean you were intentionally mislead when you bought your policy. But when an event happens in your life that requires you to rely on your insurance company to provide coverage, your insurance company could delay or deny your claim due to some claimed loophole in the policy. Knowing how to negotiate an insurance settlement will help you understand the process if you need to seek legal recourse when you feel there has been a breach of good faith and fair dealing on the part of the insurance company.

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Avada |June 27th, 2016|Insurance Bad Faith|0 Comments
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