Bland v. Davison County

The County has liability insurance, therefore, sovereign immunity is not applicable in this case since SDCL ch. 21-32A has eliminated sovereign immunity to the extent liability insurance coverage exists. Nor is it an “out of repair” case sanctioned by SDCL 31-32-10. Rather, this case falls within the provisions of SDCL 31-12-19 because in purchasing liability insurance, the County has waived sovereign immunity. While SDCL 31-12-19 does not set forth every specific procedure a county must use to maintain the highways, it does impose a mandatory duty to “maintain properly and adequately the…