164070P.pdf   08/15/2017  Laura Dziadek  v.  The Charter Oak Fire Insurance
   U.S. Court of Appeals Case No:  16-4070
                          and No:  16-4210
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Benton, Author, with Wollman and Riley, Circuit Judges] 
   Civil case - Insurance. Plaintiff's deceit claim against the insurer was 
   not barred by the "independent duty rule;" there was sufficient evidence 
   of deceit to support plaintiff's jury verdict and establish that she was 
   injured by the deceit; the evidence supported the jury's finding that 
   defendant's breach of contract prevented plaintiff from submitting her 
   uninsured motorist claim sooner and that she was damaged by the delay; 
   district court's nullification of the jury's $500,000 award for mental and 
   emotional harm from the deceit claim affirmed in light of South Dakota 
   case law which denies emotional-distress damages on a fraud claim where 
   the plaintiff fails to prove either intentional or negligent infliction of 
   emotional distress; no error in applying the interest rate set out in 
   South Dakota Code Sec. 21-1-13.1; award of punitive damages affirmed as it 
   was supported by the evidence and is not excessive under either South 
   Dakota law or the Due Process Clause of the Fourteenth Amendment.