South Dakota Public Entity Pool for Liability v. Winger

KONENKAMP, Justice.

[¶ 1.] Thomas Winger, a Pennington County Highway Department crew leader, spent most of his evening sightseeing and going to bars before his 9:43 p.m. motorcycle accident while on his way home. Amid these excursions, he inspected a job site. As an “on call” employee, was he acting “within the scope of employment” and “on behalf of or in the interest of’ his employer at the time of the accident, entitling him to underinsured motorist coverage? We conclude his deviations were substantial, thus precluding coverage, and reverse the circuit court’s ruling to the contrary.

Facts

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