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HASS v. WENTZLAFF

No. 25904.

816 N.W.2d 96 (2012)

2012 S.D. 50

Donald HASS, as Personal Representative of the Estate of Harvey Severson, Deceased, Plaintiff and Appellant, v. Paul WENTZLAFF, Defendant, and North American Company For Life And Health Insurance, and Allianz Life Insurance Company of North America, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 20, 2012.

Attorney(s) appearing for the Case

Jonathan K. Van Patten Vermillion , SD and Bruce M. Ford , Watertown, SD, for plaintiff and appellant.

Eric C. Schulte , Timothy M. Gebhart of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, SD, for defendant and appellee, North American Company for Life & Health Insurance.

Jason R. Sutton , Paul W. Tschetter of Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, SD, for defendant and appellee, Allianz Life Insurance Company of North America.

WILBUR, Justice.

[¶ 1.] Paul Wentzlaff, an insurance agent, stole thousands of dollars from Harvey Severson, an elderly man who asked Wentzlaff to help manage his financial affairs. Donald Hass, as personal representative for Severson's estate, sued Wentzlaff and two insurance companies who appointed Wentzlaff as an agent, North American Company for Life and Health Insurance (North American) and Allianz Life Insurance of North America (Allianz). Hass and North...

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