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KARAS v. AMERICAN FAMILY INS.

Nos. 94-1089, 94-1090 and 94-1092.

33 F.3d 995 (1994)

Lynnette KARAS, Plaintiff-Appellant, v. AMERICAN FAMILY INSURANCE COMPANY, INC., a Wisconsin Corporation, Defendant-Appellee. Lynnette KARAS, Plaintiff-Appellee, v. AMERICAN FAMILY INSURANCE COMPANY, INC., a Wisconsin Corporation, Defendant-Appellant. Lynnette KARAS, Plaintiff-Appellant, v. AMERICAN FAMILY INSURANCE COMPANY, INC., a Wisconsin Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1994.

Rehearing Denied October 18, 1994.

Attorney(s) appearing for the Case

Steven C. Beardsley and Steven J. Oberg, Rapid City, SD, argued, for appellant.

Robert L. Morris, Belle Fourche, SD, argued, for appellee.

Before BOWMAN anLOKEN, Circuit Judges, and WEIS, Senior Circuit Judge

WEIS, Senior Circuit Judge.

In this diversity case, we conclude that the record does not support recovery of damages for mental anguish in claims based on an insurance agent's misrepresentations of the amount of coverage in the plaintiff's health insurance policy. Therefore, to the extent that the jury verdict included an award for mental suffering, it must be set aside. Having established a case of misrepresentation, however, plaintiff is entitled to those benefits...

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