Bean v. Best

In this case the defendant, a county sheriff, is being sued for damages arising out of a false arrest and imprisonment. He was insured against such liability under a group insurance policy. Before trial he was ordered to obtain and produce a copy of the master policy under which he was so insured and to permit the plaintiff to inspect it. His appeal from this intermediate order is prosecuted pursuant to permission granted as provided in SDC 33.0704-33.0707.

This method of discovery is provided for in SDC 36.0601. That section, so far as here material, is as follows:

“Discovery, production,…