Siemonsma v. David Manufacturing Co.

I dissent for these reasons:

1. TRANSAMERICA, AS PRINCIPAL, IS RESPONSIBLE FOR ITS AGENT’S, DAKOTA INSURANCE AGENCY, NEGLIGENCE OR OMISSION TO ITS INSURED, PETERSON GRAIN SYSTEMS.

The majority opinion sets out the key statute but fails to abide by it.

59-6-9. Responsibility of principal for agent’s negligence or omission. Unless required by or under authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as part of the…