RECENT
PUBLICATIONS:
South Dakota Barrister, Volume 150, March/April 1993, Page
9
[Discussing Bowen vs. American Family Insurance Group, 504
NW2d 604 (SD1993), (a Nasser Law Offices Supreme Court case)
which held that an insurance company has an obligation to help
pay their insured’s attorneys’ fees when the insured
recovers from the person who injured them (i.e. in subrogation
cases). (Co-authored with Scott N. Heidepriem)]
REPRESENTATIVE REPORTED SOUTH DAKOTA SUPREME COURT
CASES:
Zeig vs. Dept. of Labor, 337 NW2d 435 (SD1983)
[This
case declared that a violation of due process occurred when the
hearing examiner was not neutral and had participated in
investigation and/or prosecution of the case being
decided.]
O’Neill vs. Blue Cross, 366 NW2d 816 (SD 1988)
[This
case mandated that group insurance policies provide coverage for
newborn infants who are dependents of the insured irrespective of
the family unit in which the infant is living.]
French vs. Dell Rapids Hospital, 432 NW2d 235 (SD
1988)
[This
case established an employee’s cause of action for
"wrongful hiring" (fraud and deceit in the inducement to enter
into an employment relationship) and intentional infliction of
severe emotional distress.]
Cozeine vs. Midwest Coast Transport, Inc., 454 NW2d 548 (SD
1990)
[This
worker’s compensation case distinguished between
"disability" (ie. loss of use) and "permanent partial medical
impairment," established the five elements of rehabilitation
benefits, and established the requirement that a worker’s
compensation insurer pay for unauthorized medicals if medical
treatment was improperly denied.]
Bland vs. Davison County, 507 NW2d 80 (SD 1993)
[This
case established the right of a person injured on the highways
due to ice and snow to bring to suit against a county highway
department for negligent failure to maintain the highways.
Co-credit goes to co-counsels William F. Day, Jr. and Jon Sogn of
Lynn, Jackson, Schultz, and LeBrun, P.C.]
Bowen vs. American Family Insurance Group, 504 NW2d 604 (SD
1993)
[This
case required insurance companies to pay their proportionate
share of attorney’s fees, sales tax, and costs when
subrogation is collected by the plaintiff’s lawyer and
reaffirmed the principle that personal injury causes of action
are nonseverable.]
Austin Mutual Insurance Co. vs. King (CA 8th q1994) No.
93-2410 SD
[This
case established that injured persons in multi-victim accident
cases are entitled to each received at least up to the "per
person" limits of under-insured motorist coverage under South
Dakota law. Co-credit goes to co-counsel Jon Sogn.]
Sopko vs C&R Transfer Company, Inc. and Home Insurance
Company, 1998 SD 8, 575 NW2d 225
[This
worker’s compensation case established that once an injury
has been deemed compensable no release or other device whether
approved by the Department of Labor or not can eliminate the
employee’s continuing rights to benefits under SDCL 62-4-1
(continuing medicals) and SDCL 62-7-33 (the right to reopen for a
substantial material change of physical condition.)]
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