TRAMMELL v. PRAIRIE STATES INS. CO.

No. 17351.

473 N.W.2d 460 (1991)

Kenneth TRAMMELL and Peggy Trammell, Plaintiffs and Appellants, v. PRAIRIE STATES INSURANCE CO. and the Estate of Roy K. Lippert, Deceased, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 17, 1991.


Attorney(s) appearing for the Case

Greg L. Peterson, Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for plaintiffs and appellants.

Reed A. Rasmussen, Siegel, Barnett & Schutz, Aberdeen, for defendant and appellee Prairie States Ins. Co.

Marie E. Hovland, Lawrence L. Piersol, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee Estate of Roy K. Lippert, deceased.


SABERS, Justice.

Insured appeals summary dismissal of claim against estate of insurance agent.

Facts

Kenneth and Peggy Trammell (Trammell) purchased a car insurance policy from Prairie States Insurance Company (insurer) on September 11, 1985. Under SDCL 58-23-7 and 58-23-8, a "named insured" must be offered a supplemental $10,000 accidental death policy at the time a car policy is purchased.* The Trammells, as...

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