
Downtown Phillips Avenue, Sioux Falls (growth-market upscale corridor)
Single-unit upscale modern American, 3,800 sf, 76 seats, $145 average ticket, 32 staff, on-sale full-alcohol license, wine program. Operator came to us at renewal of an existing program from a prior broker. The renewal program carried premises-liability coverage bound off the prior dec page across multiple cycles, sized off a standard out-of-state comparative-fault model — no one had scoped it for South Dakota's slight/gross negligence system. A premises-liability claim then landed, and the apportionment turned on the slight/gross comparison rather than a percentage bar; the generic sizing had never anticipated the framework.
We re-read the operator profile on video — premises coverage sized to South Dakota's slight/gross comparative-negligence framework, an inspection-record protocol built for the slight/gross comparison, and incident-response training discipline. We rebuilt the program to reflect the framework South Dakota actually uses.
The rebuilt premises coverage and inspection-record protocol were positioned for the slight/gross comparison on the next claim. State-law tie-in: South Dakota slight/gross comparative-negligence framework (SDCL § 20-9-2) + Sioux Falls venue patterns.














