Insured Will Not Be Prejudiced By Workers’ Comp Insurer’s Amendments To Answer

Mealey's (March 27, 2019, 12:28 PM EDT) -- RAPID CITY, S.D. — A workers’ compensation insurer and its claims administrator are permitted to file affirmative defenses in response to an insured’s bad faith and misrepresentation complaint, a South Dakota federal judge said March 25 after determining that the insured will not be prejudiced by the addition of the three affirmative defenses (Annie Tovares v. Gallagher Bassett Services Inc., et al., No. 16-5051, D. S.D., 2019 U.S. Dist. LEXIS 48804)....