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HARMS v. CIGNA INS. COMPANIES

No. Civ. 05-5059-KES.

421 F.Supp.2d 1225 (2006)

Stacy Mettler HARMS, Plaintiff, v. CIGNA INSURANCE COMPANIES, a/k/a Ace American Insurance Company, Defendant.

United States District Court, D. South Dakota, Western Division.

March 13, 2006.

Attorney(s) appearing for the Case

Heather Lammers Bogard, Costello Porter Hill Heisterkamp Bushnell & Carpenter, Rapid City, SD, for Plaintiff.

Dana Van Beek Palmer, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for Defendant.

ORDER DENYING MOTION TO DISMISS

SCHREIER, Chief Judge.

Stacy Mettler Harms filed a complaint against Cigna Insurance Companies (Cigna) asserting claims for bad faith and deceptive trade practices and seeking compensatory and punitive damages. Cigna moves to dismiss contending that Harms's failure to list the bad faith cause of action as an asset in her bankruptcy proceeding bars her from asserting the claim now. Alternatively, Cigna contends that the bad...

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