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· 4/16/1997

Julson v. Federated Mutual Insurance Co.

Citations

  • 1997 SD 43
  • 562 N.W.2d 117
  • 1997 S.D. LEXIS 41

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that an insurer will be found liable for bad faith only when it “intentionally denie[s] . . . a claim without a reasonable basis”
  • finding no bad faith where the insurer exercised its right to subrogation before the insured was made whole because “the pool of funds awarded from the third-party tort-feasors was not shown to be inadequate to make all parties whole”
  • “It is undisputed that there is no statement in the policy requiring [insureds] to be made whole before subrogation may arise”
  • \It is undisputed that there is no statement in the policy requiring [insureds] to be made whole before subrogation may arise\
  • made-whole rule did not apply 23 where there was no showing that “the pool of funds awarded from the third-party tortfeasors was 1 … inadequate to make all parties whole”

Source: CourtListener parenthetical corpus (CC0).

Judges: Amundson, Miller, Sabers, Konenkamp, Gilbertson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.