South Dakota Case Study

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19 July, 2007 Business Law 2 ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff and Appellant, v. JAMES T. TOMAN, Defendant and Appellee, and VAN COLLINS, Defendant No. 14301 Supreme Court of South Dakota 351 N.W.2d 146; 1984 S.D. LEXIS 339; 39 U.C.C. Rep. Serv. (Callaghan) 394 March 20, 1984, Argued July 3, 1984 PRIOR HISTORY: [**1] APPEAL FROM THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, TRIPP COUNTY, SOUTH DAKOTA. HONORABLE MARVIN S. TALBOTT, Judge. COUNSEL: Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, On the brief: Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for Plaintiff and Appellant.…show more content…
Insurer points out that SDCL 57A-2-107(1) provides that where "materials [are] to be removed from realty [it] is a contract for the sale of goods . . . if they are to be severed by the seller[,] but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell." Insurer contends that this represented a contract for the sale of an interest in real property to which U.C.C. provisions have no application. [**5] Insurer insists that this conclusion is correct in view of the trial court's finding that title had passed to Van Collins. Such a conclusion is not warranted on an examination of the record. There is no document of any kind entered into evidence indicating a conveyance from Toman to Van Collins of an interest in real…show more content…
Appellate Courts Decision [*147] Plaintiff-appellant St. Paul Fire and Marine Insurance Co., (Insurer) appeals from a declaratory judgment in favor of the defendant-appellee, James T. Toman (Toman). The judgment awarded Toman $28,000.00 under a valued policy issued by the insurer, together with prejudgment interest computed from September 26, 1981, the date of the fire. Insurer claims the trial [**2] court erred in the awarded judgment, and in the prejudgment interest calculation. We affirm, and modify the prejudgment interest award. Toman is entitled to prejudgment interest only from the date of the refusal of the claim since there was no showing that insurer was dilatory in conducting an investigation of the claim. North River Insurance Co. v. Golden Rule Construction Co., 296 N.W.2d 910 (S.D. 1980). We note that the summons and complaint was served on Toman on December 31, 1981, less than ninety days after the fire loss. Since there was no other evidence about the refusal of the claim, we fix the date of refusal as of December 31, 1981. Interest shall begin to accrue from that
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