Smith v. State Farm Mutual Automobile Insurance Co.

MOORE, Chief Justice.

Defendant-insurer and its agent raise three issues for reversal of $10,000 judgment entered on jury verdict for plaintiff in action alleging negligence by the insurance agent in executing an insurance policy. We affirm.

Plaintiff, Ted Smith, as administrator of the estate of his son, Gayle Smith, filed an action in two “counts” against defendants, State Farm Automobile Insurance Company and its agent, Leo Lenz, for recovery of accidental death benefits. When this action was commenced and this appeal pursued, rule 79, Rules of Civil Procedure used the word “division” rather…