Alberts v. Mutual Service Casualty Insurance Co.

In a personal injury action plaintiff recovered judgment against one Berchel Anderson, an employee of the South Dakota Highway Commission, for $35,089.65 in damages and costs. This judgment was partially satisfied and plaintiff now seeks to recover the balance of the judgment from the defendant by a direct action on a policy of insurance issued to the South Dakota Highway Commission. Judgment upon a jury verdict was entered for plaintiff and the defendant insurance company appeals from such judgment.

At the time of the accident in which plaintiff sustained personal injuries, the defendant had…