Mark Fiechtner v. America West Insurance Company

Canton, South Dakota insurance law lawyer represented the Plaintiff who sued on bad faith breach of insurance contract theory.



Mark Fiechtner was in a motor vehicle accident in April 2018. Following the accident, Fiechtner sought medical treatment for neck pain, vision issues, and problems with his memory. Fiechtner made a claim for payment of medical benefits to his insurer, American West Insurance Company (American West), which paid the limits of medical benefits coverage under his policy. Fiechtner also made a claim with the underlying tortfeasor's insurer and was paid the full extent of their liability coverage. Fiechtner then claimed underinsured motorist benefits (UIM) pursuant to his policy with American West. After American West offered Fiechtner an amount substantially less than what he demanded, he filed suit against American West for breach of contract and bad faith, and requested punitive damages and attorney fees.

The jury found for Fiechtner on all counts, and the circuit court granted Fiechtner’s request for attorney fees.



Affirmed