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ST. PAUL MERCURY INS. CO. v. ANDREWS

Civ. No. 10151.

321 N.W.2d 483 (1982)

ST. PAUL MERCURY INSURANCE COMPANY, a foreign insurance company, Plaintiff and Appellant, v. Conrad W. ANDREWS, Jr., and Eileen Andrews, Defendants and Appellees.

Supreme Court of North Dakota.

July 1, 1982.

Attorney(s) appearing for the Case

Zuger & Bucklin, Bismarck, for plaintiff and appellant; argued by Thomas O. Smith, Bismarck.

Dosland, Dosland & Nordhougen, Moorhead, Minn., for defendants and appellees; argued by Duane A. Lillehaug, Moorhead, Minn.

PEDERSON, Justice.

Is "stacking" prohibited under the mandatory uninsured motorist statute in North Dakota? The trial court said it is not and we agree.

Is "stacking" of basic no-fault benefits prohibited under the North Dakota Auto Accident Reparations Act? The trial court said it is not. We do not agree.

Are provisions in an insurance policy which clearly prohibit "stacking" of uninsured motorist coverage enforceable in this state? We conclude that...

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