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AM. HARDWARE MUT. INS. CO. v. DAIRYLAND INS. CO.

Civ. No. 9868.

304 N.W.2d 687 (1981)

AMERICAN HARDWARE MUTUAL INSURANCE CO., a corporation, Plaintiff and Appellee, v. DAIRYLAND INSURANCE COMPANY, a corporation, Defendant and Appellant, and Emil Rychart, Mary Rychart, Emil Rychart as Natural Parent and Guardian of Mary Rychart, and Emil Rychart as Personal Representative of the Estate of Margaret Rychart, Deceased, and Auto Owners Insurance Company, a corporation, Defendants and Appellees.

Supreme Court of North Dakota.

April 23, 1981.

Attorney(s) appearing for the Case

Letnes, Marshall, Fiedler & Clapp, Grand Forks, for plaintiff and appellee; argued by Jay H. Fiedler, Grand Forks.

O'Grady & Morley, Grand Forks, for defendant and appellant; argued by Michael J. Morley.

Pearce, Anderson & Durick, Bismarck, for Rydell Chevrolet and Reid Siewert.

Massee & Leonard, East Grand Forks, Minn., for Emil and Mary Rychart; argued by Donald H. Leonard, East Grand Forks, Minn.

Dosland, Dosland & Nordhougen, Moorhead, Minn., for Auto Owners Insurance.

Haugland & Heustis, Devils Lake, for Reid M. Siewert.

PEDERSON, Justice.

This is an appeal by Dairyland Insurance Company from a district court declaratory judgment. The case involves a dispute between American Hardware Mutual Insurance Company and Dairyland as to which company is obliged to defend Mary Rychart and her parent and guardian Emil Rychart in a separate negligence action. The court held that both American Hardware and Dairyland were obliged to defend. The court held further that in the event Mary Rychart...

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