Insurance Claim Denied

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.

|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.

|October 18th, 2016|Insurance Claim Denied|0 Comments
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