City of Colton, South Dakota, Plaintiff and Appellant v. Marie Schwebach, D/b/a Schwebach Insurance Agency, And…

Summary

The South Dakota Supreme Court affirmed the circuit court, holding that the insurance agent, Schwebach, owed no duty of care to the City of Colton because it merely obeyed the City’s request for identical coverage and had no obligation to inquire further about exclusions. The court did not reach the remaining issues concerning negligence and respondeat‑superior liability.