Legal Opinion · Dissent

Parker v. Western Dakota Insurors, Inc.

South Dakota Supreme Court

Decided February 2, 2000No. NonePublished

1DissentGilbertson, Justice

Parker’s Contract Claim

[¶ 28.] The Court concludes Western Dakota was not bound by the Parker Agreement. It also states Western Dakota expressly eliminated responsibility for any of First American’s debts or obligations. Essentially, the Court’s opinion concludes Parker is without legal recourse because when First American sold its right to receive renewal commissions to Western Dakota, First American was the one who broke its promise to Parker, not Western Dakota. I respectfully disagree with the Court’s opinion.

[¶ 24.] Paragraph ten of the Parker Agreement specifies it will be binding upon…

2Cases cited22 opinions

  1. Raymond Leannais and Catherine Leannais v. Cincinnati, Incorporated and Cincinnati-Forte Company and Liberty Mutual Insurance CompanyCourt of Appeals for the Seventh Circuit · 1977
  2. Hamaker v. Kenwel-Jackson MacHine, Inc.South Dakota Supreme Court · 1986
  3. Richard E. Shaw v. Republic Drill CorporationCourt of Appeals for the Seventh Circuit · 1987
  4. Hall v. Armstrong Cork, Inc.Washington Supreme Court · 1984
  5. Rushmore State Bank v. Kurylas, Inc.South Dakota Supreme Court · 1988

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