Justia South Dakota Supreme Court Opinion Summaries

After a fire damaged Oscar Batiz's residential rental property, Batiz filed a claim with his carrier, Fire Insurance Exchange. Exchange initially tendered to Batiz $33,182 representing the actual cash value of the damaged property, later raising that amount to $8,415 after both parties chose an impartial appraiser and an umpire determined the cost to repair the property was $43,921. Batiz did not cash the payment and brought a declaratory action against Exchange. Both parties filed cross motions for summary judgment. The circuit court granted Exchange's motion for summary judgment, dismissing Batiz's action without prejudice. On appeal, the Supreme Court affirmed, holding that (1) the circuit court did not err in determining that a declaratory judgment against Exchange was unwarranted because the insurance policy unambiguously provided what rights and obligations the parties had; and (2) the circuit court was correct in ruling that Batiz's assertion that the vast difference between his appraiser's and the umpire's valuations presented a justiciable issue requiring the court to determine the amount of loss was premature as Batiz had not yet repaired or replaced the damaged property. Remanded. View "Batiz v. Fire Ins. Exchange" on Justia Law

Carlin Jewett was employed as a welder by Real Tuff where Jewett often worked on his knees. In 2006, Jewett suffered a right knee injury. Jewett received arthroscopic surgery, during which the surgeon found pre-existing bilateral osteoarthritis in Jewett's knee. Jewett subsequently filed a petition with the state Department of Labor, seeking workers' compensation for a right knee replacement. Two years later, Jewett suffered a second work-related injury to his left knee. Jewett added a workers' compensation claim for diagnostic treatment of his left knee. The Department and the circuit court ruled that Jewell failed to sustain his burden of proof on the alternate theories that (1) work-related injuries to both knees were a major contributing cause of the need for medical treatment, and (2) the cumulative effect of Jewett's work-related activities was a major contributing cause of the osteoarthritis. On appeal, the Supreme Court affirmed, holding the Department and circuit court did not err in finding (1) Jewett's first injury was not a major contributing cause of Jewett's need for a right knee replacement, and (2) Jewett did not prove that working on his knees was a major contributing cause of his osteoarthritis. View "Jewett v. Real Tuff, Inc." on Justia Law