Date: 06-28-2024

Case Style:

Lily Parris v. State Farm Mutual Automobile Insurance Company

Case Number: 5:23-cv-05058

Judge: Camela C. Theele

Court: United States District Court for the District of South Dakota (Pennington County)

Plaintiff's Attorney:

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Defendant's Attorney: William P. Fuller

Description:

Rapid City, South Dakota insurance law lawyer represented the Plaintiff who sued on a bad faith breach of contract theory.

At its core, a bad faith insurance claim in South Dakota arises when an insurance company fails to fulfill its obligations to the policyholder in a reasonable and fair manner.

"In South Dakota, insurance bad faith law is based on the legal principle that there is an implied covenant of good faith and fair dealing in every insurance contract. This covenant prohibits either party from preventing or injuring the other party's right to receive the benefits of the contract. Trouten v. Heritage Mut. Ins. Co., 632 N.W.2d 856, 862 (S.D. 2001). A claim for bad faith is an action in tort and is entirely separate from the contractual claim for policy limits. Champion v. United States Fidelity & Guaranty Co., 399 N.W.2d 320, 322-23 (S.D. 1987)"
by Mike Abourezk and Marialee Neighbours

Outcome: JUDGMENT OF DISMISSAL. Signed by U.S. District Judge Camela C. Theeler on 6/28/2024. (CLR) (Entered: 06/28/2024)

Plaintiff's Experts:

Defendant's Experts:

Comments: