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SCHOCK v. OCKER INS. CORP.

Civ. No. 9208.

248 N.W.2d 786 (1976)

Emilie K. SCHOCK as the Administratrix of the Leo Schock Estate, Plaintiff and Appellee, v. OCKER INSURANCE CORPORATION, Defendant, Third-Party Plaintiff, and Appellee, and Vernon General Insurance Co., Defendant. The PILGRIM LIFE INSURANCE COMPANY AND ASSOCIATES, INC., Defendant, Cross-Claimant, and Appellant, v. GRANT COUNTY STATE BANK, CARSON, North Dakota, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied November 30, 1976.

Attorney(s) appearing for the Case

Wheeler, Wolf, Wefald & Peterson, Bismarck, for Pilgrim Life Insurance Co., defendant, cross-claimant, and appellant; argued by Albert A. Wolf, Bismarck.

Richard P. Rausch, Bismarck, for plaintiff and appellee, Emilie K. Schock, and for third-party defendant and appellee, Grant County State Bank; argued by Richard P. Rausch, Bismarck.

Conmy, Rosenberg & Lucas, Bismarck, for Ocker Ins. Corp., defendant, third-party plaintiff and appellee; argued by A. Wm. Lucas, Bismarck.

PEDERSON, Justice.

This appeal by Pilgrim Life Insurance Company is from a judgment, from an order denying a Rule 52(b) motion to amend the findings and the judgment, and from an order denying a Rule 59 motion for a new trial. This case raises for the first time in this State the question of whether knowledge of a medical history (other than knowledge of impending death) by agents or brokers must be communicated to the...

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