The circuit court agreed with the district court that there were sufficient facts to find that “Charter Oak did not simply fail to disclose the existence of $900,000 of UIM coverage available to [Ms.] Dziadek, but actively deceived [Ms.] Dziadek and her attorney into believing that there was no such coverage.”

This story is reprinted with permission from FC&S Legal, the industry’s only comprehensive digital resource designed for insurance coverage law professionals. Visit the website to subscribe.

The U.S. Court of Appeals for the Eighth Circuit has affirmed a decision by the U.S. District Court for the District of South Dakota awarding an injured woman $2.75 million in punitive damages from an insurance company that had “actively deceived” the woman — and her attorney — into believing that no underinsured (UIM) motorist benefits were available to her.

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