PHOENIX ASSUR. CO. OF CANADA v. RUNCK

Civ. Nos. 10065, 10069 and 10090.

317 N.W.2d 402 (1982)

PHOENIX ASSURANCE COMPANY OF CANADA, Norwich Union Fire Society, Ltd., Royal Insurance Company of Canada, Sun Insurance Office, and Wawanesa Mutual Insurance Company, Plaintiffs and Appellees, v. Clayton E. RUNCK, Jr., Defendant and Appellant, Herman Sobania and George Schulz, Defendants and Appellees. PHOENIX ASSURANCE COMPANY OF CANADA, Norwich Union Fire Society, Ltd., Royal Insurance Company of Canada, Sun Insurance Office, and Wawanesa Mutual Insurance Company, Plaintiffs and Appellees, v. Clayton E. RUNCK, Jr., Defendant and Appellant, Herman Sobania and George Schulz, Defendants and Appellants. PHOENIX ASSURANCE COMPANY OF CANADA, Norwich Union Fire Society, Ltd., Royal Insurance Company of Canada, Sun Insurance Office, and Wawanesa Mutual Insurance Company, Plaintiffs and Appellees, v. Clayton E. RUNCK, Jr., Defendant and Appellant, Herman Sobania and George Schulz, Defendants and Appellants.

Supreme Court of North Dakota.

March 22, 1982.


Attorney(s) appearing for the Case

Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, for plaintiffs and appellees; argued by M. Daniel Vogel, Fargo.

Robert Vogel, Grand Forks, for defendant and appellant Clayton E. Runck, Jr.

Brian C. Southwell, Minneapolis, Minn., for defendants and appellants Herman Sobania and George Schulz.


SAND, Justice.

These are consolidated appeals by the defendants and appellants, Clayton E. Runck, Jr., Herman Sobania, and George Schulz, from a state district court's order granting plaintiffs' and appellees', Phoenix Assurance Company of Canada, Norwich Union Fire Society, Ltd., Royal Insurance Company of Canada, Sun Insurance Office, and Wawanesa Mutual Insurance Company, [hereinafter collectively referred to as Phoenix] motions directing the defendants to respond...

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