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SIEMONSMA v. DAVID MFG. CO.

No. 16106.

434 N.W.2d 70 (1988)

Laura SIEMONSMA, Executrix of the Estate of Gerald Siemonsma, Deceased, Plaintiff and Appellee, v. DAVID MANUFACTURING CO., A Foreign Corporation, Defendant, Third Party Plaintiff and Appellee. PETERSON GRAIN SYSTEMS, INC., A Domestic Corporation, Defendant, Third Party Plaintiff and Appellant, v. DAKOTA INSURANCE AGENCY, Milbank, South Dakota, and Transamerica Insurance Services, and Roger Dwelle, d/b/a Dwelle Electric, Third Party Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 21, 1988.

Attorney(s) appearing for the Case

Michael J. Schaffer of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellee.

Derald W. Wiehl of May, Johnson, Doyle & Becker, Sioux Falls, for defendant, third party plaintiff and appellee David Mfg. Co.

Todd D. Boyd of Gunderson, Evenson & Boyd, Clear Lake, for defendant, third party plaintiff and appellant Peterson Grain Systems, Inc.

Paul I. Hinderaker of Austin, Hinderaker, Hackett & Hopper, Watertown, for third party defendant and appellee Dakota Ins. Agency.

Gale E. Fisher of Fisher & Hughes, Sioux Falls, for third party defendant and appellee Transamerica Ins. Services.

Acie W. Matthews of Pruitt, Matthews & Muilenburg, Sioux Falls, for third party defendant and appellee Dwelle Elec.

MILLER, Justice.

In this appeal, we affirm the trial court's granting of summary judgment and hold (1) that a liability insurance company had no duty to advise an insured of the termination of the agency relationship between the insurance company and the local insurance agency and (2) that the company, under the facts presented, had no duty (a) to advise the insured of its intention not to renew insured's policy or (b) to procure replacement insurance.

FACTS...

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