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MARK, INC. v. MAGUIRE INS. AGENCY, INC.

No. 18232.

518 N.W.2d 227 (1994)

MARK, INC., d/b/a BUDGET RENT-A-CAR, Individually and as Assignee of Rushmore Leasing, Inc. and Carolyn Mollers, Plaintiffs, v. MAGUIRE INSURANCE AGENCY, INC., d/b/a MAGUIRE INSURANCE GROUP, Defendant, and PROVIDENCE WASHINGTON INSURANCE COMPANY, Defendant, Third-Party Plaintiff and Appellant, v. BLACK HILLS AGENCY, INC. and Dakota Claims Service, Third-Party Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 8, 1994.

Attorney(s) appearing for the Case

Ronald R. Kappelman, Rapid City, for appellant.

Wayne F. Gilbert of Johnson Huffman, Rapid City, for appellee Black Hills Agency, Inc.

Mark Marshall of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for appellee Dakota Claims Service.

SEVERSON, Circuit Judge.

ACTION

This is an appeal by third-party plaintiff, Providence Washington Insurance Company (Providence), from a grant of summary judgment dismissing a third-party complaint against third-party defendants Black Hills Agency, Inc. (Black Hills) and Dakota Claims Service. We affirm.

FACTS

At the time of loss, Mark, Inc., d/b/a Budget Rent-A-Car was in the business of leasing vehicles to the public. An insurance policy...

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