South Dakota Supreme Court

Edel Isaac, Plaintiff and Appellee v. State Farm Mutual Automobile Insurance Company, Defendant and Appellant

September 14, 19941994 S.D. LEXIS 152

Summary

The court upheld the determination that State Farm's workers' compensation set-off provision was void and affirmed the bad-faith, punitive-damages, and prejudgment-interest rulings. It concluded that the challenged jury instructions, viewed as a whole, were not reversibly erroneous, and that exclusion of untimely disclosed evidence was within the trial court's discretion. The court reversed and remanded only for recalculation of attorney's fees associated with the contractual claim and retaxation of expert-witness costs under the applicable statutory fee limits.