RAILSBACK v. MID-CENTURY INS. CO.

No. 22956.

680 N.W.2d 652 (2004)

2004 SD 64

Tina RAILSBACK, Plaintiff and Appellant, v. MID-CENTURY INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 12, 2004.


Attorney(s) appearing for the Case

Mark E. Salter of Cutler & Donahoe, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Kathryn J. Hoskins of Siegel, Barnett & Schutz, Sioux Falls, South Dakota, Attorneys for defendant and appellee.


SABERS, Justice.

[¶ 1.] Tina Railsback brought suit against Mid-Century Insurance Company alleging fraud, deceit, and misrepresentation. The trial court granted summary judgment in favor of Mid-Century and Railsback appeals. She argues that the trial court erred in holding that 1) the liability insurer did not have a duty to speak truthfully to an injured third-party claimant; and that 2) her claim was a prohibited direct action against an insurer. We reverse...

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