DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
161146P.pdf 08/15/2017 Lori Peterson v. The Travelers Indemnity Co.
U.S. Court of Appeals Case No: 16-1146
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] Benton, Author, with Wollman and Riley, Circuit Judges]
Civil case - Insurance. Although plaintiff did not allege facts showing
that her tort or punitive damages or attorney's fees would exceed $75,000,
it is not legally impossible that she could recover that amount, and the
district court had jurisdiction in the matter; the declarations page in
the policy clearly communicated that there was no auto medical coverage
and nothing in the endorsements modifies the declaration policy; in the
absence of underlying coverage, the district court did not err in
dismissing plaintiff's remaining claims for fraud, bad faith and unfair
trade practice; no error in denying plaintiff's motions for
reconsideration and leave to amend.