UNITED PAC. INS. CO. v. AETNA INS. CO.

Civ. No. 9989.

311 N.W.2d 170 (1981)

UNITED PACIFIC INSURANCE COMPANY, Plaintiff and Appellant, v. AETNA INSURANCE COMPANY, Marvin Schelske, Fern Schelske, Martin Engineering Company, and Cochran Electric Company, Inc., Defendants and Appellees.

Supreme Court of North Dakota.

October 19, 1981.


Attorney(s) appearing for the Case

Cousineau, McGuire, Shaughnessy & Anderson, Minneapolis, Minn., and Gackle, Johnson & Rodenburg, Fargo, for plaintiff and appellant; argued by Kathleen Drake, Minneapolis, Minn.

Letnes, Marshall & Fiedler, Grand Forks, for defendant and appellee Aetna Ins. Co.; argued by Daniel S. Letnes, Grand Forks.

James D. Cahill, Moorhead, Minn., for defendant and appellee Cochran Elec. Co., Inc.; argued by Steven Marquart, Grand Forks.

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for defendant and appellee Martin Engineering Co.

Nilles, Hansen, Selbo, Magill & Davies, Fargo, for defendants and appellees Marvin Schelske and Fern Schelske.


ERICKSTAD, Chief Justice.

This is a declaratory judgment action brought under Chapter 32-23 of the North Dakota Century Code in which plaintiff, United Pacific Insurance Company, seeks a declaration as to which of two insurers must provide coverage and defense to Cochran Electric Company for a third party action brought against it. United Pacific insured Cochran under a contractor's general liability policy. Defendant Aetna Insurance Company insured Cochran for workmen...

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