South Dakota Medical Service, Inc. v. Minnesota Mutual Fire & Casualty Co.

I would concur in the majority opinion to the extent that the trial court had jurisdiction to try the issue of whether Motter was acting within the scope of his employment in this action to recover under the two insurance policies. I would, however, reverse on the granting of a summary judgment to Blue Cross and Blue Shield.

In the first place, the trial court did not try or even consider the issue of whether Motter was acting within the scope of his employment when the motion for summary judgment was granted. In granting this motion, the Honorable Judge Martin issued *363a memorandum opinion,…