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CAPITOL INDEM. CORP. v. BANK OF HOVEN

No. 16651.

452 N.W.2d 551 (1990)

CAPITOL INDEMNITY CORPORATION, Plaintiff and Appellee, v. The BANK OF HOVEN and Wayne Gueke, Defendants and Appellants, v. Ken W. BROWN, d/b/a Brown Insurance Agency and Sentinel General Agency, Third Party Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Jerry Johnson of Banks, Johnson, Johnson, Colbath & Huffman, Rapid City, for appellee Capitol Indem. Corp.; John J. Delaney, Rapid City, on the brief.

David A. Von Wald, Hoven, for appellant Bank of Hoven.

Robert F. La Fleur of La Fleur & La Fleur, Rapid City, for appellant Wayne Gueke.

Thomas R. Pardy of Mumford, Protsch & Pardy, Howard, for appellee Brown Ins. Agency.

Gene N. Lebrun, Rapid City, for appellee Sentinel General Agency.

MILLER, Justice.

In this appeal, we affirm a circuit court summary judgment and hold that an insurance binder is not an insurance policy within the contemplation of SDCL 58-10-10.

FACTS

For the limited purposes of this appeal, the facts are not disputed. Appellant Wayne Gueke was the owner of the Hot Springs Country Club (HSCC) in Hot Springs, South Dakota. On September 15, 1986, appellee Ken Brown d/b/a Brown Insurance Company issued an insurance...

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