South Dakota Supreme Court
Marc Walz and Carole Walz, Husband and Wife, Plaintiffs and Appellants v. Fireman’s Fund Insurance Company, A…
November 20, 1996556 N.W.2d 68
Summary
The South Dakota Supreme Court reversed the trial court's summary judgment in favor of the insurer and remanded for trial, holding that genuine issues of material fact exist regarding the insurer's alleged bad‑faith denial of workers’ compensation benefits.
Holding
- Whether genuine issues of material fact exist as to the insurer's reasonable basis for denying benefits under the Champion bad‑faith test. Summary judgment was improper because genuine issues of material fact exist regarding the insurer’s investigation and the reasonableness of its denial
Docket None
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