Attorney Robert Burns's Legal Cases

Insurance fraud

McGill v. American Life and Casualty Ins. Co., 619 N.W.2d 874 (S.D. 2000)

Jan 01, 2000

OUTCOME:

Conservator and guardian of elderly insured brought suit against life insurance agents and insurer alleging negligence, negligent misrepresentation, fraud, deceit, breach of fiduciary duties and breach ... of contract, arising out of sale of universal life insurance policy and nondisclosure that proposed policy had been re-rated and premiums increased. The Circuit Court, entered summary judgment for agents and insurer on ground that claims were barred by limitations. Guardian and conservator appealed. The Supreme Court held that genuine issues of material fact involving whether and when insured's representatives had constructive notice of claims and whether claims were fraudulently concealed precluded summary judgment in favor of insurer and agents. Reversed and remanded.

Personal injury

Samuelson v. Jorgenson, 588 N.W.2d 598 (S.D. 1999)

Jan 01, 1999

OUTCOME:

Motorist, who lived in same city, but different county as other motorist involved in automobile collision, moved to dismiss personal injury action which was delivered for service to sheriff of wrong co ... unty on last day of statute of limitations. The Circuit Court, First Judicial Circuit, denied motion, finding plaintiff motorist substantially complied with statute governing attempt to commence action, and defendant motorist appealed. The Supreme Court held that sheriff of county in which plaintiff motorist resided was an officer of county in which defendant motorist resided, for the purpose of serving process.

Personal injury

Zeeb v. Handel, 401 N.W.2d 536 (SD 1987)

Jan 01, 1987

OUTCOME:

Motorists, whose car struck cattle on highway, brought negligence action against owner of cattle. The First Judicial Circuit Court, Hutchinson County, granted summary judgment for owner, and motorists ... appealed. The Supreme Court held that whether owner could have anticipated that animals would stray onto highway presented factual question precluding summary judgment where there was conflicting evidence on issue of whether cattle had ever gotten out of pasture and onto highway in the past. Reversed.

Personal injury

Estate of Rosenberg by Rosenberg v. Crandell, 56 F.3d 35 (8th Circuit 1985)

Jan 01, 1985

OUTCOME:

Prisoner brought action against physicians' assistants, correctional officers, warden, and associate warden to recover for deliberate indifference to serious medical need of adenocarcinoma of esophagus ... and stomach. The United States District Court for the District of South Dakota, dismissed complaint. State appealed. The Court of Appeals, Richard S. Arnold, Chief Judge, held that: (1) state stated claim against physicians' assistants and correctional officers, and (2) state failed to state claim against warden and associate warden.

Robert Burns's Legal Cases (4)

McGill v. American Life and Casualty Ins. Co., 619 N.W.2d 874 (S.D. 2000)

Samuelson v. Jorgenson, 588 N.W.2d 598 (S.D. 1999)

Zeeb v. Handel, 401 N.W.2d 536 (SD 1987)

Estate of Rosenberg by Rosenberg v. Crandell, 56 F.3d 35 (8th Circuit 1985)