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STATE AUTO INS. COMPANIES v. B.N.C.

No. 23447.

702 N.W.2d 379 (2005)

2005 SD 89

STATE AUTO INSURANCE COMPANIES, Plaintiff and Appellant, v. B.N.C. a/k/a B.D., Defendant, and Audrey Ault, f/k/a Audrey Duggan, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 27, 2005.

Attorney(s) appearing for the Case

Mitchell Peterson of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Mark J. Arndt of May & Johnson, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] State Auto insured a vehicle that, while being operated by an unauthorized driver, was involved in a single car accident rendering it a total loss. After paying its insured/owner for the property loss, State Auto brought this subrogation claim against the mother of the minor who was driving the vehicle. State Auto claimed that the mother was responsible on a theory of vicarious liability and on three theories of direct negligence. The...

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