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KOBBEMAN v. OLESON

No. 19915.

574 N.W.2d 633 (1998)

1998 SD 20

Dominic J. KOBBEMAN, Plaintiff and Appellant, v. David C. OLESON, Sr. and Kahler, Inc., a South Dakota Corporation, d/b/a Kahler Insurance Agency, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Paul S. Swedlund, G. Verne Goodsell of Gunderson, Palmer, Goodsell & Nelson, Rapid City, for plaintiff and appellant.

Rexford A. Hagg, Kevin W. Klapprodt of Whiting, Hagg & Haag, Rapid City, for defendants and appellees.

KONENKAMP, Justice.

[¶ 1.] After his injury in an automobile accident, Dominic Kobbeman collected the policy limits from the tortfeasor's insurance company, but Kobbeman believed his damages exceeded that amount. He took an assignment of the tortfeasor's cause of action against his insurance agents in exchange for a covenant not to execute on any judgment Kobbeman might obtain against him. Kobbeman then sued the agents for failure to procure additional insurance...

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