S.D. High Court Reinstates Claim Against Insurer for Notice Failure

PIERRE, S.D. - South Dakota's highest court has reinstated a workers' compensation claim against Travelers Insurance Cos. that lower courts found untimely. The court ruled that Travelers' failure to provide statutory notice of its claim denial to the state Department of Labor meant the limitations period never started to run. Sauder v. Parkview Care Center, et al., No. 2007 SD 103 (S.D. Sup. Ct.).

The Supreme Court's Oct. 17 opinion affirmed other rulings that found Joan Sauder's mold exposure claims against her employer and another workers' compensation provider untimely, but remanded to the Department of Labor for further action on …