Dakota, Minnesota & Eastern Railroad v. Heritage Mutual Insurance Co.

GORS, Acting Justice

(concurring in part and dissenting in part).

[¶ 44.] I concur in Issues One, Two and Four and I dissent on Issue Three where we validate the Heritage business automobile insurance policy exclusion of Lability coverage for DM&E employees while operating in the scope of their employment. In my experience, when the agent sells insurance, everything is covered. However, when there is a claim, nothing is covered. The legislature requires, as a mat*520ter of public policy, that the people of South Dakota buy automobile liability insurance. SDCL 32-35-113. The legislature should also require, as a matter of public policy, that the liability insurance provides coverage.