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ZURAFF v. EMPIRE FIRE & MARINE INS. CO.

Civ. No. 9276.

252 N.W.2d 302 (1977)

Dean R. ZURAFF, Plaintiff and Appellee, v. EMPIRE FIRE AND MARINE INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of North Dakota.

As Amended April 5, 1977.

Rehearing Denied April 25, 1977.

Attorney(s) appearing for the Case

Mackoff, Kellogg, Kirby & Kloster, P. C., Dickinson, for defendant and appellant; argued by Ward M. Kirby, Dickinson.

William R. Mills, Bismarck, for plaintiff and appellee.

SAND, Justice.

Empire Fire and Marine Insurance Company appealed from a summary judgment entered in favor of the insured, Dean Zuraff, for the sum of $60,000.00 on a fire insurance claim for certain real property. Claims for insurance on personal property and for loss of business and punitive damages were continued for trial.

In early February of 1975, Zuraff purchased a tavern in Medora known as the Cave Bar. On 26 February 1975 an insurance policy was issued...

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