Osterkamp v. Zigler

This action is brought to. recover damages caused by hail to a 40-acre field of oats owned by plaintiff. The defendant, Charles W. Zigler, is the county assessor. After the storm that caused the damage, plaintiff filed his claim with the commissioner of insurance, who, assuming the land to -have been properly listed for hail insurance, had the loss adjusted, but later on learned that said land had not been listed for hail insurance, and refused to pay the loss.

Under the authority of Fillbach v. Van Camp, 47 S. D. 407, 199 N. W. 246, there is no liability on the part of the state, unless the…