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DM & E v. ACUITY

Nos. 24892, 24904.

771 N.W.2d 623 (2009)

2009 SD 69

DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Plaintiff and Appellant, v. ACUITY, a Mutual Insurance Co. f/k/a Heritage Mutual Insurance Company, d/b/a Heritage Insurance, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 5, 2009.

Attorney(s) appearing for the Case

Brian J. Donahoe, Meredith A. Moore, William D. Sims of Cutler & Donahoe, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Jennifer L. Wollman, Gary P. Thimsen of Woods, Fuller, Shultz & Smith PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

JENSEN, Circuit Judge.

[¶ 1.] Dakota, Minnesota and Eastern Railroad (DM & E) filed this action claiming that Acuity, f/k/a Heritage Mutual Insurance Co. (Acuity), engaged in bad faith and vexatious failure to pay uninsured motorist (UM) benefits. DM & E appeals the circuit court's entry of summary judgment on the claims. Acuity cross-appeals the circuit court's discovery orders compelling Acuity's attorneys to give a deposition in the case.

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